Hamm v. Smith · ¶14

Smith's experts similarly reviewed all of Smith's scores and records, but came to different conclusions. Fabian testified that several of Smith's prior scores were “in the range for intellectual disability,” id., at 244, and that, overall, Smith “meets the intellectual defcit prong of the intellectual disability definition,” id., at 179–180. Fabian explained that even though Smith's scores were above 70, one “need[s] to consider those IQ scores with the other areas of functioning,” such as his adaptive functioning, including evidence of his “academic achievement” and “executive functioning.” Id., at 180. Together, those latter considerations showed that, “cognitively[, Smith is] impaired in a number of areas” and that, according to Fabian, Smith's IQ scores “in total can be considered consistent with significant limitations in intellectual disability.” Ibid. Smith's second expert, too,…

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