Hamm v. Smith · ¶93

After these decisions, Smith returned to the District Court. Smith v. Dunn, No. 05–cv– 00474 (SD Ala., Aug. 17, 2021), ECF Doc. 135. Since the last hearing, Smith's expert had administered a test on which Smith scored 78, making his claim of mental retardation even more implausible. App. 167, 218. The expert admitted that “78 is defnitely above 70 to 75 IQ range” and indicates an IQ as high as 83. Id., at 167, 218–219. In addition, another test his own expert administered indicated that Smith reads “at an 11th-grade level”—a result that the expert admitted is “not consistent” with mental retardation. Id., at 228–229.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.