Hamm v. Smith

PRELIMINARY PRINT Volume 604 U. S. Part 1 Pages 1–3

OFFICIAL REPORTS

OF

THE SUPREME COURT November 4, 2024 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors.

CASES ADJUDGED

IN THE

SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 2024 HAMM, COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS v. SMITH on petition for writ of certiorari to the united states court of appeals for the eleventh circuit Page Proof Pending Publication No. 23–167. Decided November 4, 2024 The District Court below vacated the death sentence of Joseph Clifton Smith after concluding that he is intellectually disabled. Smith has ob- tained fve full-scale IQ scores, ranging from 72 to 78, and his 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, and further determined that Smith's lowest score is not an outlier when considered together with his higher scores. The Eleventh Circuit affrmed. Held: The judgment of the Eleventh Circuit is vacated. The Eleventh Circuit's opinion might be read to suggest a per se rule that the lower end of the standard-error range for an offender's lowest score is disposi- tive. Alternatively, the Eleventh Circuit's opinion might be read to suggest a more holistic approach that considers the relevant evidence, including as appropriate any relevant expert testimony. The case is remanded to the Eleventh Circuit to clarify the basis for its decision. Certiorari granted; 67 F. 4th 1335, vacated and

remanded. Per Curiam. Joseph Clifton Smith was sentenced to death for the mur- der of Durk Van Dam. The U. S. District Court for the 1 2 HAMM v. SMITH Per Curiam Southern District of Alabama vacated Smith's death sen- tence after concluding that he is intellectually disabled. See Atkins v. Virginia, 536 U. S. 304 (2002). Smith has obtained fve 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 measure- ment 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 affrmed. Smith v. Commissioner, Ala. Dept. of Corrections, 67 F. 4th 1335, 1354 (2023). Analyzing Smith's intellectual functioning requires evalu- ating 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 Page Proof Pending Publication is a complicated endeavor.” Ibid. This Court has not spec- ifed how courts should evaluate multiple IQ scores. See ibid.; Moore v. Texas, 581 U. S. 1 (2017); Brumfeld 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 low- est score is dispositive. On the other hand, the Eleventh Circuit also approvingly cited the District Court's determi- nation that Smith's lowest score is not an outlier when con- sidered together with his higher scores. That analysis would suggest a more holistic approach to multiple IQ scores that considers the relevant evidence, including as appro- priate any relevant expert testimony. The Eleventh Circuit's opinion is unclear on this point, and this Court's ultimate assessment of any petition for certio- Cite as: 604 U. S. 1 (2024) 3 Per Curiam rari by the State may depend on the basis for the Eleventh Circuit's decision. Therefore, we grant the petition for cer- tiorari and Smith's motion for leave to proceed in forma pau- peris, vacate the judgment of the Eleventh Circuit, and re- mand 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. Page Proof Pending

Publication Reporter’s Note The attached opinion has been revised to refect the usual publication and citation style of the United States Reports. The revised pagination makes available the offcial United States Reports citation in advance of Page Proof Pending Publication publication. The syllabus has been prepared by the Reporter of Decisions for the convenience of the reader and constitutes no part of the opinion of the Court. Other revisions may include adjustments to formatting, cap- tions, citation form, and any errant punctuation. The following additional edits were made: None