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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.

DateProceedings and Orders (key to color coding)
Aug 17 2023Petition for a writ of certiorari filed. (Response due September 20, 2023)
Sep 20 2023Brief amici curiae of Idaho, et. al. filed.
Sep 20 2023Brief of respondent Joseph Clifton Smith in opposition filed.
Sep 20 2023Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith.