Whether failing to apply the Flynn effect to a capital defendant's intelligence quotient scores violates the Eighth Amendment

QUESTIONS PRESENTED Question One Whether failing to apply the Flynn effect to a capital defendant’s intelligence quotient scores in cases where the scores were formulated from tests that used older or outdated norms violates the Eighth Amendment, the Fourteenth Amendment, Atkins v. Virginia, Hall v. Florida, and Moore v. Texas by disregarding the relevant medical guidance and creating an unacceptable risk that individuals with intellectual disability will be executed? Question Two Whether Florida’s requirement that a capital defendant prove his intellectual disability by clear and convincing evidence violates the Fifth Amendment, the Eighth Amendment, the Fourteenth Amendment, Cooper v. Oklahoma, Atkins v. Virginia, Hall v. Florida, and Moore v. Texas by creating an unacceptable risk that individuals with intellectual disability will be executed?