Dec. 10 (UPI) -- The U.S. Supreme Court Wednesday will consider how states decide if a death penalty candidate is intellectually disabled.
At issue is the case against Joseph Clifton Smith of Alabama. He was sentenced to death after being convicted of murdering Durk Van Dam in 1997. Smith killed Van Dam with a hammer during a robbery.
Smith took five IQ tests, before and after the murder, and scored from 72 to 78. While the cutoff in Alabama is generally 70, a judge said that 72 could be below 70 because the test has a margin of error.
Medical and disability groups say that the test-focused method conflicts with past Supreme Court rulings and could mean that more people with intellectual disabilities would be executed.
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