Cruel and unusual? Supreme Court wan new ruling for case wey involve convicted murderer wey get low IQ

WASHINGTON − Supreme Court on Monday no gree review whether convicted murderer get intellectual disability wey dey severe enough make dem no fit execute am, dem direct lower court make dem first clarify wetin dem talk.

Dat decision come afta Justice Clarence Thomas and Neil Gorsuch object, dem talk say dem go fit gree Alabama request make court review dat opinion and fit revisit past decisions on how states suppose evaluate intellectual disabilities to avoid cruel and unusual punishment.

Alabama Board of Corrections talk say appeal court “bend law and logic” when dem rule say state no fit execute Joseph Clifton Smith, wey him IQ dey for 70s.

Alabama don ask Supreme Court make dem reverse dat decision and, if e necessary, make dem reconsider past rulings on how states suppose evaluate intellectual disabilities to avoid violate Constitution.

Fourteen oda states wey get Republican attorneys general also don urge Supreme Court make dem involve.

Dey argue say Eighth Amendment protection against excessive punishment don turn to “roving commission” wey “force judges to act like sociologists and determine wetin dem think dey run against di evolving standards of decency.”

Dat don weaken states’ ability to fight crime, di states talk.

For 2002, di Supreme Court don rule say to execute person wey get intellectual disability dey violate di 8th Amendment ban on cruel and unusual punishment.

Later decisions for 2014 and 2016 don fault Florida and Texas for how dem evaluate di disability.

Alabama law define intellectual disability as person wey get IQ of 70 or below, “significant or substantial deficits for adaptive behavior” and di time wey dem notice dis quality na before dem reach age 18.

Di Alabama Board of Corrections dey argue say di lower courts just rely on di lowest score and, based on di standard range of error for IQ tests, dem talk say Smith score fit be as low as 69.

Smith lawyers talk say di district judge consider extra evidence, wey include Smith behavioral skills.

Di Atlanta-based 11th U.S. Circuit Court of Appeals find say dat evaluation meet di Supreme Court standards.

But Alabama ask di Supreme Court if di appeals court make mistake and, if e no make mistake, dem urge di justices to reconsider di standards.

For one brief order on Monday, di court talk say di appeals court decision no clear about whether dem use holistic approach to weigh di evidence about Smith disability or dem just rely on im lowest-possible IQ score.

Dat answer fit determine if di justices go want review di decision, di court talk for one unsigned opinion wey vacate di appeals court ruling and order new one.

Di opinion note say di Supreme Court never specify how courts suppose evaluate multiple IQ scores.

Smith don get conviction and sentence to death for di 1997 murder of Durk Van Dam, wey receive 35 blunt force injuries and wounds from saw for im neck, shoulder and back.

Senior U.S. District Judge Callie V. S. Granade call di evaluation of Smith mental functioning one “close case” but write say “di evidence show say Smith intelligence and adaptive functioning don dey deficient throughout im life.”

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