Hamm v. Smith · ¶168

This line of reasoning is equally untenable, as it commits the same error that the Texas Court of Criminal Appeals made in Moore. Estimates of Smith's IQ spanned the 70s, yet the courts below concluded that Smith's “actual” IQ more likely fell in the 70-or-lower range of these intervals. App. to Pet. for Cert. 61a. As in Moore, the lower courts grounded this quantitative conclusion on “factors unique to [Smith].” 581 U. S., at 14. Specifically, the District Court defated its estimate of Smith's IQ based on details about his social and interpersonal difficulties, his struggles living independently, and his academic underperformance. App. to Pet. for Cert. 61a. As in Moore, however, none of that evidence permits the lower courts to conclude that Smith's “true” IQ is more likely to fall at the lower (or higher) end of an estimated range. 581 U. S., at 14; accord, Whitaker 126 (“Other…

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