Hamm v. Smith · ¶164

The Eleventh Circuit's attempt to resuscitate its decision on remand remained fawed. Once again, the Eleventh Circuit began by correctly noting that Atkins requires Smith to prove that “his IQ is 70 or lower.” Smith v. Commissioner, Ala. Dept. of Corrections, No. 21–14519 (Nov. 14, 2024) (per curiam), App. to Pet. for Cert. 3a. The court then concluded that “the record evidence plausibly supports” the finding that “Smith's true IQ score could be less than or equal to 70.” Id., at 7a (emphasis added). In support of this conclusion, the Eleventh Circuit quoted the District Court's analysis:

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