Hamm v. Smith · ¶167

Apart from test scores, the Eleventh Circuit's decision on remand also relied on evidence of Smith's adaptive functioning to conclude that his IQ was 70 or lower. In particular, the Eleventh Circuit pointed to the District Court's conclusion that “[a]though [Smith] has scored above 70 on many of his IQ tests, his adaptive behavior problems are severe enough that his actual functioning is lower.” App. to Pet. for Cert. 61a. In other words, although Smith's scores all exceeded 70, the courts concluded that his “actual” IQ was lower using evidence other than his scores and their standard errors. Ibid.

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