Hamm v. Smith · ¶98

Taking the hint, the Eleventh Circuit clarified that it meant the more “ `holistic approach to multiple IQ scores.' ” Smith v. Commissioner, Ala. Dept. of Corrections, 2024 WL 4793028, *1 (Nov. 14, 2024) (per curiam). The court, again, upheld the District Court's analysis on the first element because the District Court “found that Smith's IQ scores could not rule out the possibility that Smith is intellectually disabled.” Id., at *3 (emphasis added). And, based on that reasoning, the court went on to conclude, not that Smith's true IQ is likely 70 or lower, but that it “could be less than or equal to 70.” Ibid. (emphasis added).

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