Hamm v. Smith · ¶84

In the years since, the Alabama courts have faithfully applied that understanding of Atkins. When called to implement it, they observed that other “states with statutes prohibiting the execution of a mentally retarded defendant require that a defendant, to be considered mentally retarded, must have significantly subaverage intellectual functioning (an IQ of 70 or below), and significant or substantial defcits in adaptive behavior” “before the defendant reached age 18.” Ex parte Perkins, 851 So. 2d 453, 456 (Ala. 2002); see also Ex parte Smith, 213 So. 3d 214, 224 (Ala. 2003). Consistent with Atkins, the Alabama courts held that “[a]ll three factors must be met in order for a person to be classified as mentally retarded for purposes of an Atkins claim.” Smith v. State, 213 So. 3d 239, 248 (Ala. 2007). And, consistent with Atkins, they held that the prisoner has the burden to prove that…

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