Elena Kagan Questions IQ Score Adaptive Functioning in Hamm v. Smith Oral Arguments

The Hall and Moore Standard

• 📌 The core requirement of Hall and Moore is that when an IQ score is 70 or below, the defendant must be given an opportunity to discuss adaptive functioning.
• 💡 However, after this opportunity, courts can still consider other scores and evidence that suggest adaptive functioning evidence may not be sufficient.

Disagreement on IQ Score Interpretation

• ⚖️ Justice Kagan questioned whether a single low IQ score should always preclude a state from focusing on IQ.
• 🧠 The Assistant to the Solicitor General, Harry Graver, clarified that a single low score primarily triggers the defendant's right to present adaptive evidence.
• 🎯 Graver disagreed with the interpretation that a single low score alone is sufficient to satisfy the first prong substantively.

Hypothetical Scenarios and Agreement

• 📊 A hypothetical was presented involving multiple scores in the 80s and one score of 72, where the collective error range would not fall below 70.
• ✅ In such cases, it was agreed that the defendant must be allowed to present adaptive functioning evidence.
• 🤝 It was also agreed that courts can still rule against the defendant if a multitude of scores on the higher side outweigh the single low score.

Clarifying the Rule

• 🔍 The discussion aimed to clarify the rule regarding IQ scores and adaptive functioning, distinguishing between the court's procedural obligations and substantive findings.
• 🗣️ A point of agreement was that the