Are you a state legislator from Florida, Kentucky, Virginia, Alabama, Arizona, Delaware, Kansas, North Carolina, and Washington? If so, keep reading. Your legislature may need to rewrite its definition of intellectual disability as it applies to the death penalty.
In Hall v. Florida the Supreme Court held 5-4 that if a capital defendant’s IQ falls within the standard error measurement (SEM) for intellectually disabled, the defendant must be allowed to present additional evidence of intellectual disability. Hall may require the above 9 states to rewrite their death penalty statutes because they have strict IQ cutoff scores of 70.