Hamm v. Smith · ¶4

I concur in the Court's decision to dismiss the writ of certiorari as improvidently granted. I write separately for two reasons. First, based on the evidentiary record and how this litigation proceeded below, I explain why the Court should not and cannot use this case to address how courts must analyze multiple IQ scores under Atkins v. Virginia, 536 U. S. 304 (2002). Second, I point out how the principal dissent's discussion of this Court's precedents and the scientifc consensus about how courts should evaluate multiple IQ scores is incomplete and potentially misleading.

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