Hamm v. Smith · ¶18

After weighing all the evidence, the District Court found that “Smith has shown by a preponderance of the evidence that he has significantly subaverage intellectual functioning and significant defcits in adaptive behavior.” Id., at 92a. The court also found that Smith's intellectual- and adaptive- functioning issues “clearly arose before he was 18 years of age.” Id., at 96a. Based on these findings, the court concluded that Smith “is intellectually disabled and cannot constitutionally be executed.” Id., at 96a–97a.

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