Issue: (1) Whether a capital defendant’s intellectual function should be assessed at the time of the crime and trial, as Atkins v. Virginia instructs and as multiple state and federal courts have held, or at some indeterminate later time, as Texas, Alabama, Florida, and Oklahoma have held; and (2) whether a state court's reliance on nondiagnostic criteria and lay observation violates this Court's pronouncements in Atkins and Hall v. Florida that any determination of intellectual disability must be made pursuant to clinical standards.
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