Table 1

Decisions on Intellectual Disability and the Death Penalty before Fuston v. State

Penry v. Lynaugh (1989)1Defendants with intellectual disability eligible for execution
McCarver v. North Carolina (2001)3Defendants with intellectual disability not eligible for execution
Atkins v. Virginia (2002)4Defendants 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)7Accounted for the SEM in determining the FSIQ for intellectual disability in capital cases
Brumfield v. Cain (2015)10Considered the upper limits of the SEM of FSIQ scores in Atkins’ determinations
Moore v. Texas I (2017)13Defined 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)19Inclusion 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.