Hamm v. Smith · ¶34

Nor did Alabama appeal the District Court's determination on this basis. In its brief to the Eleventh Circuit, Alabama argued that the District Court improperly shifted the burden of proof onto the State to prove that Smith was not intellectually disabled and that its factual determinations were clearly erroneous. At no point did Alabama contend that the District Court erred by failing to combine Smith's scores using one of the methods it now claims is required.

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