Hamm v. Smith · ¶20

The Eleventh Circuit initially affirmed, but this Court vacated that decision because its basis was “unclear.” Hamm v. Smith, 604 U. S. 1, 2 (2024) (per curiam). The Court explained that “the Eleventh Circuit's opinion might be read to afford conclusive weight to the fact that the lower end of the standard-error range for Smith's lowest IQ score is 69,” which “would suggest a per se rule that the lower end of the standard-error range for an offender's lowest score is dispositive” of the intellectual-functioning prong. Ibid. Alternatively, the opinion could be read to “suggest a more holistic approach to multiple IQ scores that considers the relevant evidence, including as appropriate any relevant expert testimony.” Ibid. This Court noted that it “has not specified how courts should evaluate multiple IQ scores,” and asked the Eleventh Circuit to clarify its holding. Ibid.

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