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Case Decision Penry v. Lynaugh (1989)1 Defendants with intellectual disability eligible for execution McCarver v. North Carolina (2001)3 Defendants with intellectual disability not eligible for execution Atkins v. Virginia (2002)4 Defendants with intellectual disability not eligible for execution, consistent with states' decisions; indicated reasons why defendants with intellectual disability are not eligible for the death penalty (e.g., increased danger of false confessions, increased difficulty presenting mitigating evidence) Hall v. Florida (2014)7 Accounted for the SEM in determining the FSIQ for intellectual disability in capital cases Brumfield v. Cain (2015)10 Considered the upper limits of the SEM of FSIQ scores in Atkins' determinations Moore v. Texas I (2017)13 Defined current medical manuals as the medical standards that states are required to use for the determination of intellectual disability; states determined intellectual disability if criteria were consistent with medical consensus Moore v. Texas II (2019)19 Inclusion of adaptive functioning for the determination of intellectual disability in capital cases; considered adaptive deficits reported outside of a controlled setting (e.g., prison) SEM = standard error of measurement.
FSIQ = Full-Scale IQ.