Hamm v. Smith · ¶12

On remand in the District Court, Alabama and Smith agreed to an evidentiary hearing. See Smith v. Thomas, No. 1:05–cv–00474 (SD Ala., July 1, 2016), ECF Doc. 75. Both parties hired experts to administer new IQ tests: Dr. King for the State and Dr. Fabian for Smith. On the test administered by King, Smith scored a 74 with a 95% confidence interval of 70 to 79. On the test administered by Dr. Fabian, Smith scored a 78 with a 95% confidence interval of 72 to 83. At this point, Smith had obtained five IQ scores ranging from 72 to 78. The District Court then admitted expert reports from King, Fabian, and an additional expert proffered by Smith, and heard testimony from all three as to whether Smith is intellectually disabled.

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