Hamm v. Smith
Pending petition
Issues: (1) Whether, under a proper application of Atkins v. Virginia, a state can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence; and (2) whether courts evaluating multiple IQ scores must find that every valid score of “about” 75 or less supports an Atkins claim.
SCOTUSblog Coverage
- Government contractors’ defenses, election challenges, and intellectual disability in capital cases (John Elwood, May 29, 2025)
| Date | Proceedings and Orders |
|---|---|
| 02/12/2025 | Petition for a writ of certiorari filed. (Response due March 17, 2025) |
| 02/19/2025 | Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk. |
| 02/28/2025 | Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2025 (30-day extension of time). |
| 03/17/2025 | Brief amici curiae of Idaho, et al. filed. |
| 03/17/2025 | Brief amicus curiae of United States filed. |
| 04/16/2025 | Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith. |
| 04/16/2025 | Brief of respondent Joseph Clifton Smith in opposition filed. |
| 05/06/2025 | DISTRIBUTED for Conference of 5/22/2025. |
| 05/06/2025 | Reply of petitioner John Q. Hamm, Commissioner, Alabama Dept. of Corrections filed. (Distributed) |
| 05/27/2025 | DISTRIBUTED for Conference of 5/29/2025. |