Justices Sotomayor and Gorsuch Question Attorney on Hamm v. Smith Case Evidence

Understanding Legal Standards in Hamm v. Smith

• ⚖️ Justices Sotomayor and Gorsuch questioned attorney Seth P. Waxman regarding evidence claims in the case of Hamm v. Smith.
• 💡 The discussion centered on whether Alabama's legal standard for intellectual functioning aligns with previous Supreme Court decisions like Atkins, Hall, and Moore.
• 🎯 Waxman asserted that the standard used by Alabama, and most other states, originated from Supreme Court rulings.

Dissecting Expert Testimony and IQ Scores

• 🧠 The core of the debate involved the interpretation of IQ test scores, specifically whether a single low score should be considered decisive.
• 📌 Justice Gorsuch raised a point about whether facts extraneous to IQ scores could be used to outweigh a low score, which Waxman agreed with, provided those facts relate to true intellectual functioning.
• 📊 Waxman clarified that the court's holding in Moore indicated that IQ scores below 70, when adjusted for the standard error of measurement (SEM), necessitate further evidence regarding clinical intellectual functioning.

Disagreement on Evidence Interpretation

• 🧐 The conversation touched upon the disagreement between the majority and dissenting opinions regarding whether a district judge committed clear error in their determination.
• 🗣️ Waxman stated that while clinical evidence is required, the finder of fact ultimately decides whether to be persuaded by it.
• 📈 The attorney argued that with multiple reliable IQ test scores within the SEM, and experts agreeing they indicate intellectual disability, it would be difficult to change the mind that prong one has not been met.

The Flynn Effect and Expert Credibility

• 🔬 The testimony of Dr. King was discussed, who reportedly found the scores within the range of intellectual disability but then used other factors to justify his conclusion.
• 📉 The district court reportedly found Dr. King's testimony less credible than other experts and rejected the application of the Flynn effect in this case, which suggests a reduction in SEM when multiple test scores are close together.