Hamm v. Smith, 604 U.S. ___ (2024)
Docket No.
23-167
Decided:
November 4, 2024
Opinions
SUPREME COURT OF THE UNITED STATES
JOHN Q. HAMM, COMMISSIONER, ALABAMA DEPARTMENT
OF CORRECTIONS v. JOSEPH CLIFTON SMITH
on petition for writ of certiorari to the
united states court of appeals for the eleventh circuit
No. 23–167. Decided November 4, 2024
Per Curiam.
Joseph Clifton Smith was sentenced to death for
the murder of Durk Van Dam. The U. S. District Court for the
Southern District of Alabama vacated Smith’s death sentence after
concluding that he is intellectually disabled. See Atkins v.
Virginia, 536 U. S. 304 (2002). Smith has obtained five
full-scale IQ scores, ranging from 72 to 78. Smith’s claim of
intellectual disability depended in part on whether his IQ is 70 or
below. The District Court found that Smith’s IQ could be as low as
69 given the standard error of measurement for his lowest score of
72. The District Court then vacated the death sentence, and the
U. S. Court of Appeals for the Eleventh Circuit affirmed.
Smith v. Commissioner, Ala. Dept. of Corrections, 67
F. 4th 1335, 1354 (2023).
Analyzing Smith’s intellectual functioning
requires evaluating his various IQ scores. In Hall v.
Florida, 572 U. S. 701, 714 (2014), this Court stated
that “when a person has taken multiple tests, each separate score
must be assessed” considering the standard error of measurement.
The Court further noted that “the analysis of multiple IQ scores
jointly is a complicated endeavor.” Ibid. This Court has not
specified how courts should evaluate multiple IQ scores. See
ibid.; Moore v. Texas, 581 U. S. 1
(2017); Brumfield v. Cain, 576 U. S. 305
(2015).
The Eleventh Circuit’s opinion can be read in
two ways. On the one hand, the Eleventh Circuit’s opinion might be
read to afford conclusive weight to the fact that the lower end of
the standard-error range for Smith’s lowest IQ score is 69. That
analysis would suggest a per se rule that the lower end
of the standard-error range for an offender’s lowest score is
dispositive. On the other hand, the Eleventh Circuit also
approvingly cited the District Court’s determination that Smith’s
lowest score is not an outlier when considered together with his
higher scores. That analysis would suggest a more holistic approach
to multiple IQ scores that considers the relevant evidence,
including as appropriate any relevant expert testimony.
The Eleventh Circuit’s opinion is unclear on
this point, and this Court’s ultimate assessment of any petition
for certiorari by the State may depend on the basis for the
Eleventh Circuit’s decision. Therefore, we grant the petition for
certiorari and Smith’s motion for leave to proceed in forma
pauperis, vacate the judgment of the Eleventh Circuit, and
remand the case for further consideration consistent with this
opinion.
It is so ordered.
Justice Thomas and Justice Gorsuch would grant
the petition for a writ of certiorari and set the case for
argument.
Search This Case