Hamm v. Smith
Pending petition
| Docket No. |
Op. Below | Argument |
Opinion |
Vote |
Author |
Term |
| 23-167 |
11th Cir. |
TBD |
TBD |
TBD |
TBD |
TBD |
Issues: (1) Whether Hall v. Florida and Moore v. Texas mandate that courts deem the standard of “significantly subaverage intellectual functioning” for determining intellectual disability in Atkins v. Virginia satisfied when an offender’s lowest IQ score, decreased by one standard error of measurement, is 70 or below; and (2) whether the court should overrule Hall and Moore, or at least clarify that they permit courts to consider multiple IQ scores and the probability that an offender’s IQ does not fall at the bottom of the lowest IQ score’s error range.
