Hamm v. Smith · ¶94

In 2017, the State's expert administered a ffth IQ test on which Smith, again, scored higher than 70. Smith scored a 74. Even in isolation, that score yielded a 90th percentile confidence level that Smith's IQ is 71 to 78. Id., at 268. The State's expert also emphasized that Smith “show[ed] up at an 11th-grade level with regard to sentence comprehension,” a fact that is “totally inconsistent with intellectual disability.” Id., at 285. Overall, both experts agreed that Smith's IQ scores over 35 years demonstrated a remarkably consistent pattern. Id., at 167, 270. The IQ scores before the District Court were 75, 74, 72, 78, and 74.

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