No. 24-872
John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith
Tags: atkins-v-virginia criminal-procedure habeas-corpus intellectual-disability iq-testing preponderance-of-evidence
Key Terms:
AdministrativeLaw HabeasCorpus Punishment
AdministrativeLaw HabeasCorpus Punishment
Latest Conference:
2025-06-05
(distributed 3 times)
Question Presented (from Petition)
1. Whether, under a proper application of Atkins , a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence.
2. Whether courts evaluating multiple IQ scores must find that every valid score of "about" 75 or less supports an Atkins claim.
Question Presented (AI Summary)
Whether a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence and whether courts evaluating multiple IQ scores must find that every valid score of 'about' 75 or less supports an Atkins claim
Docket Entries
2025-12-10
Argued. For petitioner: Robert M. Overing, Principal Deputy Solicitor General, Montgomery, Ala.; and Harry Graver, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Seth P. Waxman, Washington, D. C.
2025-10-22
CIRCULATED
2025-10-17
Reply of petitioner Commissioner, Alabama Dept. of Corrections filed.
2025-10-17
Reply of Commissioner, Alabama Dept. of Corrections submitted.
2025-10-17
SET FOR ARGUMENT on Wednesday, December 10, 2025.
2025-10-14
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2025-09-24
Joint Appendix submitted.
2025-09-24
Amicus brief of The American Association on Intellectual and Developmental Disabilities (AAIDD), the Arc of the United States, the Bazelon Center for Mental Health Law, and the National Disability Rights Network (NDRN) submitted.
2025-09-24
Amicus brief of American Psychological Association, American Psychiatric Association, and The Alabama Psychological Association submitted.
2025-09-24
Amicus brief of Professor Katie Kronick submitted.
2025-09-24
Brief amici curiae of American Psychological Association, et al. filed.
2025-09-24
Brief amicus curiae of Professor Katie Kronick filed.
2025-09-24
Brief amici curiae of American Association on Intellectual and Developmental Disabilities (AAIDD), et al. filed.
2025-09-22
Motion to file Volume III of the joint appendix with redactions GRANTED.
2025-09-18
REMOVED from the argument calendar for Tuesday, November 4, 2025.
2025-09-17
Brief of respondent Joseph Clifton Smith filed.
2025-09-17
Brief of Joseph Clifton Smith submitted.
2025-09-09
Record received electronically from the United States Court of Appeals for the Eleventh Circuit and available with the Clerk.
2025-08-27
Record received electronically from the United States District Court for the Southern District of Alabama and available with the Clerk.
2025-08-25
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2025-08-25
Motion of United States for leave to participate in oral argument and for divided argument submitted.
2025-08-20
Record requested from the United States Court of Appeals for the Eleventh Circuit.
2025-08-12
SET FOR ARGUMENT on Tuesday, November 4, 2025.
2025-08-12
SET FOR ARGUMENT on Tuesday, November 4, 2025. (Note: Removed from November argument calendar on September 18, 2025).
2025-08-11
Brief amicus curiae of America First Legal Foundation filed.
2025-08-11
Brief amicus curiae of United States filed.
2025-08-11
Amicus brief of America First Legal Foundation submitted.
2025-08-11
Brief amicus curiae of Criminal Justice Legal Foundation filed.
2025-08-11
Brief amicus curiae of Kentucky filed.
2025-08-11
Brief amici curiae of State of Idaho, et al. filed.
2025-08-11
Brief amicus curiae of United States in support of petitioner filed.
2025-08-11
Amicus brief of Criminal Justice Legal Foundation submitted.
2025-08-11
Amicus brief of The Commonwealth of Kentucky submitted.
2025-08-04
Joint appendix Volume III filed (9/22/25).
2025-08-04
Motion to file Volume III of the joint appendix with redactions filed by petitioner Commissioner, Alabama Dept. of Corrections.
2025-08-04
Joint appendix, Volume I and Volume II filed.
2025-08-04
Brief of petitioner Commissioner, Alabama Dept. of Corrections filed.
2025-08-04
Brief of Commissioner, Alabama Dept. of Corrections submitted.
2025-08-04
Joint motion for leave to file Volume III of the joint appendix with redactions.
2025-06-24
Motion to extend the time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 17, 2025.
2025-06-16
Motion for an extension of time within which to file the briefs on the merits filed.
2025-06-16
Motion of Commissioner, Alabama Dept. of Corrections for an extension of time submitted.
2025-06-06
Petition GRANTED limited to the following question: Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an <i>Atkins</i> claim.
2025-06-06
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2025-06-02
DISTRIBUTED for Conference of 6/5/2025.
2025-05-27
DISTRIBUTED for Conference of 5/29/2025.
2025-05-06
Reply of petitioner John Q. Hamm, Commissioner, Alabama Dept. of Corrections filed. (Distributed)
2025-05-06
Reply of Commissioner, Alabama Dept. of Corrections submitted.
2025-05-06
DISTRIBUTED for Conference of 5/22/2025.
2025-04-16
Brief of Joseph Clifton Smith in opposition submitted.
2025-04-16
Motion of Joseph Clifton Smith for leave to proceed in forma pauperis submitted.
2025-04-16
Brief of respondent Joseph Clifton Smith in opposition filed.
2025-04-16
Motion for leave to proceed in forma pauperis filed by respondent Joseph Clifton Smith.
2025-03-17
Brief amicus curiae of United States filed.
2025-03-17
Brief amici curiae of Idaho, et al. filed.
2025-03-17
Amicus brief of United States submitted.
2025-02-28
Motion to extend the time to file a response is granted and the time is extended to and including April 16, 2025 (30-day extension of time).
2025-02-27
Motion of Joseph Clifton Smith for an extension of time submitted.
2025-02-19
Motion to extend the time to file a response from March 17, 2025 to April 16, 2025, submitted to The Clerk.
2025-02-12
Petition for a writ of certiorari filed. (Response due March 17, 2025)
Attorneys
America First Legal Foundation
Christopher E. Mills — Spero Law LLC, Amicus
American Psychological Association, American Psychiatric Association, and The Alabama Psychological Association
Melissa Arbus Sherry — Latham & Watkins LLP, Amicus
Commissioner, Alabama Dept. of Corrections
Edmund Gerard LaCour Jr. — Office of the Attorney General, Petitioner
Robert Michael Overing — Office of the Attorney General, Petitioner
Criminal Justice Legal Foundation
Joseph Clifton Smith
Kacey Keeton — Federal Defender, Middle District of Alabama, Respondent
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Respondent
Professor Katie Kronick
State of Idaho, et al.
The American Association on Intellectual and Developmental Disabilities (AAIDD), the Arc of the United States, the Bazelon Center for Mental Health Law, and the National Disability Rights Network (NDRN)
Ann Marie Delpha — Amicus
The Commonwealth of Kentucky
United States
D. John Sauer — Solicitor General, Amicus
Moez Mansoor Kaba — Hueston Hennigan LLP, Amicus
Sarah M. Harris — Acting Solicitor General, Amicus