Hamm v. Smith

P R E L I M I N A R Y P R I N T
Volume 604 U. S. Part 1
Pages 1–3
OFFICIAL REPORTS
OF
T H E S U P R E M E C O U R T
November 4, 2024
REBECCA A. WOMELDORF
reporter of decisions
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N O T I C E : 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
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
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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
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-
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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.
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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
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the Court. Other revisions may include adjustments to formatting, cap-
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edits were made:
None