Hamm v. Smith · ¶16

Based on all the evidence, the District Court found that whether Smith “qualifes as having significantly subaverage intellectual function[ing]” was “not clear” and that this was a “close case.” Id., at 74a. The court acknowledged that King “testified that if there are multiple sources of IQ over a long period of time[,] it contributes to the construct of validity indicating what a true IQ score is for an individual” and that “multiple IQ scores” in Smith's case “place him in the borderline range, functioning just above intellectual disability.” Id., at 70a. However, the District Court did “not find [this evidence] strong enough to conclude that Smith is not intellectually disabled without considering evidence of his adaptive defcits” because Smith “did not consistently score so high that the [District] Court [wa]s confdent that the lowest score can be thrown out as an outlier or that…

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