Moore v. Texas
Moore v. Texas
Opinion
Bobby James Moore fatally shot a store clerk during a botched robbery. He was convicted of capital murder and sentenced to death. Moore challenged his death sentence on the ground that he was intellectually disabled and therefore exempt from execution. A state habeas court made detailed factfindings and determined that, under this Court's decisions in
Atkins v. Virginia,
The Texas Court of Criminal Appeals (CCA)
1
declined to adopt the judgment recommended by the state habeas court.
2
In the CCA's view, the habeas court erroneously employed intellectual-disability guides currently used in the medical community rather than the 1992 guides adopted by the CCA in
Ex parte Briseno,
We vacate the CCA's judgment. As we instructed in
Hall,
adjudications of intellectual disability should be "informed by the views of medical experts." 572 U.S., at ----,
I
In April 1980, then-20-year-old Bobby James Moore and two others were engaged in robbing a grocery store.
Ex parte Moore,
Moore subsequently sought state habeas relief. In 2014, the state habeas court conducted a two-day hearing on whether Moore was intellectually disabled. See
Ex parte Moore,
No. 314483-C (185th Jud. Dist., Harris Cty., Tex., Feb. 6, 2015), App. to Pet. for Cert. 129a. The court received affidavits and heard testimony from Moore's family members, former counsel, and a number of court-appointed mental-health experts. The evidence revealed that Moore had significant mental and social difficulties beginning at an early age. At 13, Moore lacked basic understanding of the days of the week, the months of the year, and the seasons; he could scarcely tell time or comprehend the standards of measure or the basic principle that subtraction is the reverse of addition.
In evaluating Moore's assertion of intellectual disability, the state habeas court consulted current medical diagnostic standards, relying on the 11th edition of the American Association on Intellectual and Developmental Disabilities (AAIDD) clinical manual, see AAIDD, Intellectual Disability: Definition, Classification, and Systems of Supports (2010) (hereinafter AAIDD-11), and on the 5th edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association (APA), see APA, Diagnostic and Statistical Manual of Mental Disorders (2013) (hereinafter DSM-5). App. to Pet. for Cert. 150a-151a, 202a. The court followed the generally accepted, uncontroversial intellectual-disability diagnostic definition, which identifies three core elements: (1) intellectual-functioning deficits (indicated by an IQ score "approximately two standard deviations below the mean"-
i.e.,
a score of roughly 70-adjusted for "the standard error of measurement," AAIDD-11, at 27); (2) adaptive deficits ("the inability to learn basic skills and adjust behavior to changing circumstances,"
Hall v. Florida,
572 U.S. ----, ----,
Moore's IQ scores, the habeas court determined, established subaverage intellectual functioning. The court credited six of Moore's IQ scores, the average of which (70.66) indicated mild intellectual disability. App. to Pet. for Cert. 167a-170a. 4
*1046
And relying on testimony from several mental-health experts, the habeas court found significant adaptive deficits. In determining the significance of adaptive deficits, clinicians look to whether an individual's adaptive performance falls two or more standard deviations below the mean in any of the three adaptive skill sets (conceptual, social, and practical). See AAIDD-11, at 43. Moore's performance fell roughly two standard deviations below the mean in
all three
skill categories. App. to Pet. for Cert. 200a-201a. Based on this evidence, the state habeas court recommended that the CCA reduce Moore's sentence to life in prison or grant him a new trial on intellectual disability. See
The CCA rejected the habeas court's recommendations and denied Moore habeas relief. See
Briseno
incorporated the AAMR-9's requirement that adaptive deficits be "related" to intellectual-functioning deficits.
The habeas judge erred, the CCA held, by "us[ing] the most current position, as espoused by AAIDD, regarding the diagnosis of intellectual disability rather than the test ... in
Briseno
."
Employing
Briseno,
the CCA first determined that Moore had failed to prove significantly subaverage intellectual functioning.
"Even if [Moore] had proven that he suffers from significantly sub-average general intellectual functioning," the court continued, he failed to prove "significant and related limitations in adaptive functioning."
The CCA credited the state expert's appraisal.
The habeas court had further erred, the CCA determined, by failing to consider whether any of Moore's adaptive deficits were related to causes other than his intellectual-functioning deficits.
Judge Alcala dissented.
Atkins
and
Hall,
she would have held, require courts to consult current medical standards to determine intellectual disability.
We granted certiorari to determine whether the CCA's adherence to superseded medical standards and its reliance on
Briseno
comply with the Eighth Amendment and this Court's precedents. 578 U.S. ----,
II
The Eighth Amendment prohibits "cruel and unusual punishments," and "reaffirms the duty of the government to respect the dignity of all persons,"
Hall,
572 U.S., at ----,
In
Atkins v. Virginia,
we held that the Constitution "restrict [s] ... the State's power to take the life of"
any
intellectually disabled individual.
In
Hall v. Florida,
we held that a State cannot refuse to entertain other evidence of intellectual disability when a defendant has an IQ score above 70. 572 U.S., at ---- - ----,
III
The CCA's conclusion that Moore's IQ scores established that he is not intellectually disabled is irreconcilable with
Hall
.
Hall
instructs that, where an IQ score is close to, but above, 70, courts must account for the test's "standard error of measurement." See
Moore's score of 74, adjusted for the standard error of measurement, yields a range of 69 to 79, see
Both Texas and the dissent maintain that the CCA properly considered factors unique to Moore in disregarding the lower end of the standard-error range.
Post,
at 1060 - 1061; Brief for Respondent 41-42; see
supra,
at 1046 - 1047;
*1050
In requiring the CCA to move on to consider Moore's adaptive functioning in light of his IQ evidence, we do not suggest that "the Eighth Amendment turns on the slightest numerical difference in IQ score,"
post,
at 1061.
Hall
invalidated Florida's strict IQ cutoff because the cutoff took "an IQ score as final and conclusive evidence of a defendant's intellectual capacity, when experts in the field would consider other evidence." 572 U.S., at ----,
IV
The CCA's consideration of Moore's adaptive functioning also deviated from prevailing clinical standards and from the older clinical standards the court claimed to apply.
A
In concluding that Moore did not suffer significant adaptive deficits, the CCA overemphasized Moore's perceived adaptive strengths. The CCA recited the strengths it perceived, among them, Moore lived on the streets, mowed lawns, and played pool for money. See
In addition, the CCA stressed Moore's improved behavior in prison.
*1051 B
The CCA furthermore concluded that Moore's record of academic failure, along with the childhood abuse and suffering he endured, detracted from a determination that his intellectual and adaptive deficits were related. See
The CCA also departed from clinical practice by requiring Moore to show that his adaptive deficits were not related to "a personality disorder."
C
The CCA's attachment to the seven Briseno evidentiary factors further impeded its assessment of Moore's adaptive functioning.
1
By design and in operation, the
Briseno
factors "creat[e] an unacceptable risk that persons with intellectual disability will be executed,"
Hall,
572 U.S., at ----,
Skeptical of what it viewed as "exceedingly subjective" medical and clinical standards, the CCA in
Briseno
advanced lay perceptions of intellectual disability.
2
The
Briseno
factors are an outlier, in comparison both to other States' handling of intellectual-disability pleas and to Texas' own practices in other contexts. See
Hall,
572 U.S., at ----,
Indeed, Texas itself does not follow
Briseno
in contexts other than the death penalty. See Brief for Constitution Project as
Amicus Curiae
14-17. For example, the relatedness requirement Texas defends here, see
supra,
at 1046 - 1047, is conspicuously absent from the standards the State uses to assess students for intellectual disabilities. See
V
As noted supra, at 1048, States have some flexibility, but not "unfettered discretion,"
*1053
in enforcing
Atkins
' holding.
Hall,
572 U.S., at ----,
The medical community's current standards supply one constraint on States' leeway in this area. Reflecting improved understanding over time, see DSM-5, at 7; AAIDD-11, at xiv-xv, current manuals offer "the best available description of how mental disorders are expressed and can be recognized by trained clinicians," DSM-5, at xli. See also
Hall,
572 U.S., at ----, ----, ----, ---- - ----, ---- - ----,
In Moore's case, the habeas court applied current medical standards in concluding that Moore is intellectually disabled and therefore ineligible for the death penalty. See,
e.g.,
App. to Pet. for Cert. 150a-151a, 200a-203a. The CCA, however, faulted the habeas court for "disregarding [the CCA's] case law and employing the definition of intellectual disability presently used by the AAIDD."
* * *
For the reasons stated, the judgment of the Texas Court of Criminal Appeals is vacated, and the case is remanded for further proceedings not inconsistent with this opinion.
It is so ordered.
Chief Justice ROBERTS, with whom Justice THOMAS and Justice ALITO join, dissenting.
The Texas Court of Criminal Appeals (CCA) concluded that Bobby James Moore was not intellectually disabled so as to be exempt from the death penalty under
Atkins v. Virginia,
My broader concern with today's opinion, however, is that it abandons the usual mode of analysis this Court has employed in Eighth Amendment cases. The Court overturns the CCA's conclusion that Moore failed to present sufficient evidence of both inadequate intellectual functioning
*1054
and significant deficits in adaptive behavior without even considering "objective indicia of society's standards" reflected in the practices among the States.
Hall v. Florida,
572 U.S. ----, ----,
I
On April 25, 1980, Moore and two others were throwing dice when they decided to commit a robbery to obtain money for car payments. Moore provided the group with two firearms, and the three men began to drive around Houston looking for a target. Eventually they settled on the Birdsall Super Market. After negotiating their respective shares of the money they intended to steal and donning disguises, the three went inside, heading straight to a courtesy booth staffed by James McCarble and Edna Scott. When Scott realized a robbery was occurring and screamed, Moore shot McCarble in the head, killing the 70-year-old instantly.
Moore fled Houston and remained on the run until his arrest in Louisiana ten days after the murder. After giving a written statement admitting his participation in the robbery and killing, Moore was charged with capital murder. A jury convicted him and sentenced him to death.
Over the next three decades, Moore's case traversed the state and federal court systems, finally reaching the Atkins hearing at issue today in 2014. The state habeas court conducted a two-day evidentiary hearing, during which it heard testimony from family members, a fellow inmate, a prison official, and four mental health professionals. The court concluded that Moore had shown intellectual disability and recommended that he be granted relief.
But it was just that: a recommendation. Under Texas law, the CCA, not the habeas court, is the ultimate factfinder in habeas corpus proceedings.
Ex parte Reed,
The CCA began by considering the appropriate legal standard for assessing intellectual disability. Following our instruction to the States to "develop [ ] appropriate ways to enforce"
Atkins,
*1055
The CCA went on to explain why there was no reason to modify the legal standard it had previously set out.
Briseno
had stated a rule that in order for an
Atkins
claimant to demonstrate intellectual disability he must show (1) significantly subaverage general intellectual functioning and (2) related limitations in adaptive functioning, (3) which had appeared prior to age 18. See
The three-prong definition of intellectual disability came directly from the ninth edition of the manual published by what is now the American Association on Intellectual and Developmental Disabilities (AAIDD).
Starting with intellectual functioning, the CCA conducted a painstaking analysis of the battery of tests Moore had taken over the past 40 years. The CCA concluded that five of the tests the habeas court had considered were unreliable: two of them were neuropsychological tests rather than formal IQ measures; two were group-administered tests, which Moore's own experts had criticized, App. 12 (Otis-Lennon Mental Abilities Test "not accepted as an instrument appropriate for the assessment of mental retardation or intellectual deficiency"); id ., at 115-116 (Slosson is "not the greatest test" and "not the most reliable approach"); and the administrator of the fifth test concluded it was "not ... a valid score" because of evidence of suboptimal effort, id ., at 203.
That left two scores for the CCA to analyze: a 78 and a 74. Significantly subaverage intellectual functioning is "generally shown by an [ IQ] of 70 or less."
*1056
Having failed one part of the CCA's three-part test, Moore could not be found intellectually disabled. The CCA nonetheless went on to consider the second prong of the test, Moore's adaptive deficits. Moore had taken a standardized test of adaptive functioning in which he scored more than two standard deviations below the mean. But Dr. Kristi Compton, the state expert who had administered that test, explained that it was not an accurate measure of Moore's abilities. She reached this conclusion not because of Moore's adaptive strengths but instead because "she had to assign zeroes to questions asking about areas to which [Moore] had no exposure, such as writing a check and using a microwave oven."
The CCA also considered and recounted the testimony of the other experts who, unlike Dr. Compton, concluded that Moore had shown significant adaptive deficits. As factfinders often do in confronting conflicting evidence, the CCA made a credibility determination. The opinion of Dr. Compton, the CCA concluded, was "far more credible and reliable" than those of Moore's experts, given Dr. Compton's "considerable experience," "thorough[ ] and rigorous [ ] review[ ] [of] a great deal of material," and personal evaluation of Moore.
Finally, the CCA considered whether, even assuming that Moore had made sufficient showings as to intellectual functioning and adaptive deficits, those two were related. Again finding Dr. Compton's testimony the most credible, the CCA concluded that "the record overwhelmingly supports the conclusion" that Moore's observed academic and social difficulties stemmed, not from low intellectual abilities, but instead from outside factors like the trauma and abuse he suffered as a child and his drug use at a young age.
Given that Moore had failed to present sufficient evidence on intellectual functioning or related adaptive deficits, the CCA "conclude[d] that for Eighth Amendment purposes," Moore had not shown he was intellectually disabled.
II
A
This Court's precedents have emphasized the importance of state legislative judgments in giving content to the Eighth Amendment ban on cruel and unusual punishment. "Eighth Amendment judgments should not be ... merely the subjective views of individual Justices."
Coker v. Georgia,
*1057
Gregg v. Georgia,
Our decisions addressing capital punishment for the intellectually disabled recognize the central significance of state consensus. In holding that the Eighth Amendment prohibits the execution of intellectually disabled individuals in
Atkins,
the Court first identified a national consensus against the practice and then, applying our own "independent evaluation of the issue," concluded that there was "no reason to disagree" with that consensus.
Twelve years after
Atkins,
the Court confronted one State's attempt to enforce the holding of that case.
Hall v. Florida
considered Florida's rule requiring a prisoner to present an IQ score of 70 or below to make out an
Atkins
claim. Although the Court thought it "proper to consider the psychiatric and professional studies that elaborate on the purpose and meaning of IQ scores," it emphasized that "[t]he legal determination of intellectual disability is distinct from a medical diagnosis." 572 U.S., at ----, ----,
B
Today's decision departs from this Court's precedents, followed in
Atkins
and
*1058
Hall,
establishing that the determination of what is cruel and unusual rests on a judicial judgment about societal standards of decency, not a medical assessment of clinical practice. The Court rejects the CCA's conclusion that Moore failed to make the requisite showings with respect to intellectual functioning and adaptive deficits, without any consideration of the state practices that were, three Terms ago, "essential" to the Eighth Amendment question.
Hall,
572 U.S., at ----,
The clinical guides on which the Court relies today are "designed to assist clinicians in conducting clinical assessment, case formulation, and treatment planning." DSM-5, at 25. They do not seek to dictate or describe who is morally culpable-indeed, the DSM-5 cautions its readers about "the imperfect fit between the questions of ultimate concern to the law and the information contained" within its pages.
The Eighth Amendment, under our precedent, is supposed to impose a moral backstop on punishment, prohibiting sentences that our society deems repugnant. The Court, however, interprets that constitutional guarantee as turning on clinical guidelines that do not purport to reflect standards of decency. The Court's refusal even to address what we previously "pinpointed" as "the clearest and most reliable objective evidence" of such standards-the practices among the States-goes unexplained by the majority.
Atkins,
A second problem with the Court's approach is the lack of guidance it offers to States seeking to enforce the holding of
Atkins
. Recognizing that we have, in the very recent past, held that " 'the views of medical experts' do not 'dictate' a court's intellectual-disability determination," the Court assures us that it is not requiring adherence "to everything stated in the latest medical guide,"
ante,
at 1049 (quoting
Hall,
572 U.S., at ----,
Start with the Court's stated principle. "Disregard" normally means to dismiss as unworthy of attention, and that is plainly not what the CCA did here. For example, the Court faults the CCA for placing too much weight on Moore's adaptive strengths and functioning in prison, implying that this marked a dismissal of clinical standards. Yet the CCA was aware of and, in a prior decision, had addressed the fact that some clinicians would counsel against considering such information. See
Nor do the Court's identified errors clarify the scope of the "flexibility" we are told States retain in this area. The Court
*1059
faults the CCA for "overemphasiz[ing]" strengths and "stress[ing]" Moore's conduct in prison,
ante,
at 1050, suggesting that some-but not
too much
-consideration of strengths and prison functioning is acceptable. The Court's only guidance on when "some" becomes "too much"? Citations to clinical guides. See
Finally, the Court's decision constitutionalizes rules for which there is not even clinical consensus-a consequence that will often arise from the approach charted by the Court today. Consider the Court's conclusion that, contrary to "the medical community['s] focus[ ] ... on adaptive deficits, " "the CCA overemphasized Moore's perceived adaptive strengths." Ante, at 1053. In support of this proposition, the Court cites the AAIDD's direction that "significant limitations in conceptual, social, or practical adaptive skills [are] not outweighed by the potential strengths in some adaptive skills." AAIDD, Intellectual Disability: Definition, Classification, and Systems of Supports 47 (11th ed. 2010) (hereinafter AAIDD-11). Even assuming that all clinicians would agree with this statement, there are a number of ways it might be interpreted: as meaning that strengths in one of the three adaptive skill areas-conceptual, social, and practical-should not cancel out deficits in another; as meaning that strengths should not outweigh deficits within the same skill area; or as meaning that evidence of some ability to perform a skill should not offset evidence of the inability to perform that same skill. And it appears that clinicians do, in fact, disagree about what this direction means. Compare, e.g., Brief for AAIDD et al. as Amici Curiae 17 ("The clinician's diagnostic focus does not-and cannot-involve any form of 'balancing' deficits against the abilities or strengths which the particular individual may also possess" (emphasis added)) with Hagan, Drogin, & Guilmette, Assessing Adaptive Functioning in Death Penalty Cases after Hall and DSM-5, 44 J. Am. Acad. Psychiatry & L. 96, 98 (2016) ("Any assessment of adaptive functioning must give sufficient consideration to assets and deficits alike.... [I]nventorying only assets or deficits ... departs from DSM-5, [the AAIDD-11], and all other established frameworks" (footnotes omitted)).
The same is true about consideration of prison conduct. The two primary clinical guides do offer caution about considering functioning in prison. But the stringency of their caution differs, with the AAIDD seeming to enact a flat ban on ever looking to functioning in prison and the DSM urging "if possible" to consider "corroborative information reflecting functioning outside" of prison. AAIDD, User's Guide: Intellectual Disability: Definition, Classification, and Systems of Supports 20 (11th ed. 2012); DSM-5, at 38. The CCA followed the DSM-5's instruction, relying on Dr. Compton's conclusion that "even before [Moore] went to prison" he demonstrated a "level of adaptive functioning ... too great ... to support an intellectual-disability diagnosis."
"Psychiatry is not ... an exact science."
Ake v. Oklahoma,
III
As for how I would resolve this case, there is one aspect of the CCA's approach to intellectual disability that is incompatible with the Eighth Amendment: the Briseno factors. As the Court explains, no state legislature has approved the use of these or any similar factors. Although the CCA reviewed these factors to determine whether Moore's adaptive deficits were "related" to his intellectual functioning, it may be that consideration of those factors tainted the whole of the CCA's adaptive functioning analysis. I need not decide this question, however, because the CCA reached the issue of Moore's adaptive functioning only after concluding that he had failed to demonstrate intellectual functioning sufficiently low to warrant a finding of intellectual disability, regardless of his adaptive deficits or their relation to his IQ. Moore has not presented sufficient reason to upset that independent holding.
The Court concludes that the CCA's assessment of Moore's IQ scores is "irreconcilable with Hall ." Ante, at 1049. Not so. Hall rejected a Florida rule that required a prisoner to present an IQ score of 70 or below to demonstrate intellectual disability, thereby barring consideration of the standard error of measurement (SEM) of an over-70 score. But the CCA did not apply Florida's rule-or anything like it. The court in fact began by taking account of the SEM, explaining that Moore's tested score of 74 led to an IQ range between 69 and 79. The court went on to consider additional expert testimony about potential factors affecting that score. Based on that evidence, the CCA discounted portions of the SEM-generated range and concluded that Moore's IQ did not lie in the relevant range for intellectual disability.
Hall
provided no definitive guidance on this sort of approach: recognizing the inherent imprecision of IQ tests, but considering additional evidence to determine whether an SEM-generated range of scores accurately reflected a prisoner's actual IQ.
1
Indeed, in its catalog of States
*1061
that "ha[d] taken a position contrary to that of Florida," the Court in
Hall
included a State that granted trial courts discretion to draw "reasonable inferences" about IQ scores and, where appropriate, decline to consider the full range of the SEM. 572 U.S., at ----, ----,
The Court's ruling on intellectual functioning turns solely on the fact that Moore's IQ range was 69 to 79 rather than 70 to 80. See
ante,
at 1049 ("Because the lower end of Moore's score range falls at or below 70, the CCA had to move on to consider Moore's adaptive functioning"). The CCA certainly did not "disregard" SEM in assessing Moore's IQ, and it explained why other factors led it to conclude that his actual score did not fall near the lower end of the SEM range. Only by insisting on the absolute conformity to medical standards the Court disclaims can it find a violation of the Eighth Amendment based on that one-point difference.
3
Today's decision is not compelled by
Hall
; it is an expansion of it. Perhaps there are reasons to expand
Hall
's holding-to say that States must read IQ tests as rigidly encompassing the entire SEM range, regardless of any other evidentiary considerations, or to say that the reasons that the CCA gave for discounting the lower end of Moore's IQ range were improper. But before holding that the Constitution demands either result, our precedent requires consulting state judgments on the matter to determine whether a national consensus has developed. Moore has presented no argument as to such a consensus, and the majority does not claim that there is one. Without looking to any such "objective evidence of contemporary values,"
Atkins,
I respectfully dissent.
The CCA is Texas' court of last resort in criminal cases. See Tex. Const. Art. 5, § 5.
Under Texas law, the CCA, not the court of first instance, is "the ultimate factfinder" in habeas corpus proceedings.
Ex parte Reed,
The third element is not at issue here.
The habeas court considered a seventh score (of 59 on a WAIS-IV test administered in 2013) elsewhere in its opinion, see App. to Pet. for Cert. 170a-172a, but did not include that score in the calculation of Moore's average IQ score, see
This relatedness requirement, the CCA noted, is retained in the DSM-5. See
The seven " Briseno factors" are:
• "Did those who knew the person best during the developmental stage-his family, friends, teachers, employers, authorities-think he was mentally retarded at that time, and, if so, act in accordance with that determination?
• "Has the person formulated plans and carried them through or is his conduct impulsive?
• "Does his conduct show leadership or does it show that he is led around by others?
• "Is his conduct in response to external stimuli rational and appropriate, regardless of whether it is socially acceptable?
• "Does he respond coherently, rationally, and on point to oral or written questions or do his responses wander from subject to subject?
• "Can the person hide facts or lie effectively in his own or others' interests?
• "Putting aside any heinousness or gruesomeness surrounding the capital offense, did the commission of that offense require forethought, planning, and complex execution of purpose?" Briseno,135 S.W.3d, at 8-9 .
The dissent suggests that
Hall
tacitly approved Idaho's approach to capital sentencing, which the dissent characterizes as "grant [ing] trial courts discretion to draw 'reasonable inferences' about IQ scores and, where appropriate, decline to consider the full range of the [standard error of measurement]."
Post,
at 1061 (quoting
Hall,
572 U.S., at ----,
The dissent suggests that disagreement exists about the precise role of adaptive strengths in the adaptive-functioning inquiry. See
post,
at 1058 - 1059. But even if clinicians would consider adaptive strengths alongside adaptive weaknesses within the same adaptive-skill domain, neither Texas nor the dissent identifies any clinical authority permitting the arbitrary offsetting of deficits against unconnected strengths in which the CCA engaged, see
As elsewhere in its opinion, the CCA, in its deployment of the
Briseno
factors, placed undue emphasis on adaptive strengths, see
supra,
at 1050 - 1051;
Given the
Briseno
factors' flaws, it is unsurprising that scholars and experts have long criticized the factors. See,
e.g.,
American Bar Assn., Evaluating Fairness and Accuracy in State Death Penalty Systems: The Texas Capital Punishment Assessment Report 395 (2013) ("The
Briseno
factors create an especially high risk that [an intellectually disabled defendant] will be executed because, in many ways, they contradict established methods for diagnosing [intellectual disability]."); Blume, Johnson, & Seeds, Of
Atkins
and Men: Deviations from Clinical Definitions of Mental Retardation in Death Penalty Cases (footnote omitted),
Hall
also reached no holding as to the evaluation of IQ when an
Atkins
claimant presents multiple scores, noting only that "the analysis of multiple IQ scores jointly is a complicated endeavor."
Hall v. Florida,
572 U.S. ----, ----,
The Court correctly notes that
Hall
cited
Pizzuto
as an instance of a State that had enacted "legislation allowing a defendant to present additional evidence of intellectual disability even when an IQ test score is above 70."
Hall,
572 U.S., at ----,
It is not obvious that clinicians would ignore evidence beyond the SEM in determining the appropriate range that an IQ score represents. See, e.g., Macvaugh & Cunningham, Atkins v. Virginia : Implications and Recommendations for Forensic Practice, 37 J. Psychiatry & L. 131, 147 (2009) ("Error in intellectual assessment is not solely a function [of the SEM]. Other sources of error or assessment imprecision may involve the examinee ... includ[ing] the mental and physical health, mood, effort, and motivation of the examinee during testing...."); AAIDD-11, at 100-101 ("When considering the relative weight or degree of confidence given to any assessment instrument, the clinician needs to consider ... the conditions under which the test(s) was/were given [and] the standard error of measurement").
Reference
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