SCOTUS will consider impact of death row inmate's multiple IQ tests in determining execution eligibility
The U.S. Supreme Court has agreed to decide whether and how courts can consider multiple IQ tests when considering whether a death row inmate is intellectually disabled and ineligible for execution.
The high court agreed to decide the case of Alabama inmate Joseph Clifton Smith, who was spared from execution by the 11th U.S. Circuit Court of Appeals at Atlanta when it affirmed a federal judge’s decision.
For Alabama offenders to show intellectual disability, they must first show that they have an IQ of 70 or less, the state said in its cert petition. Smith scored 75, 74, 72, 78 and 74.
“Even adjusting for error,” the state said “there is no way to combine his scores—not the average, median, mode, nor any composite metric—to find an IQ of 70 or less.”
The 11th Circuit said it took a “holistic approach to multiple IQ scores” that also considered relevant evidence, such as expert testimony. IQ tests can be imprecise, and the trial judge did not err by considering the standard error of measurement in concluding that Smith’s IQ could be 70 or lower, the appeals court said.
The 11th Circuit cited Atkins v. Virginia, which held that state executions of people with intellectual disabilities is a violation of the Eighth Amendment and the 14th Amendment. A later Supreme Court ruling said intellectual disability can be demonstrated by a low IQ and problematic adaptive skills that manifest before age 18, the 11th Circuit said.
Smith was convicted for the 1997 beating death of Durk Van Dam during a robbery that netted $140, boots and tools.
SCOTUSblog, Reuters and Law.com have coverage of the cert grant in the case, Hamm v. Smith.
The Supreme Court accepted the case in an order list released Friday evening. The list was scheduled to be released Monday morning, but lawyers involved in granted cases began receiving notices of the decisions Friday because of a software glitch, the news coverage indicates. The court then decided to release the entire list Friday.
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