On November 4, 2024, the Supreme Court issued a per curiam opinion vacating the judgment of the Eleventh Circuit that affirmed a grant of habeas relief to Alabama death row inmate Joseph Smith on his Atkins claim and remanding for further consideration. Hamm v. Smith, 604 U.S. ___ (Nov. 4, 2024). Smith had obtained five full-scale IQ scores, ranging from 72 to 78. Because his claim of intellectual disability depends in part on whether his IQ is 70 or below, analyzing Smith’s intellectual functioning "requires evaluating his various IQ scores" and the Supreme Court has not yet "specified how courts should evaluate multiple IQ scores." The District Court found that Smith’s IQ could be as low as 69 given the standard error of measurement for his lowest score of 72 and granted relief. In affirming the grant of relief, it was unclear to the Supreme Court whether the Eleventh Circuit afforded conclusive weight to the fact that the lower end of the standard-error range for Smith’s lowest IQ score is 69. If so, the appeals court's "analysis would suggest a per se rule that the lower end of the standard-error range for an offender’s lowest score is dispositive." On the other hand, "the Eleventh Circuit also approvingly cited the District Court’s determination that Smith’s lowest score is not an outlier when considered together with his higher scores. That analysis would suggest a more holistic approach to multiple IQ scores that considers the relevant evidence, including as appropriate any relevant expert testimony." Because of this lack of clarity and because the Supreme Court's "ultimate assessment of any petition for certiorari by the State may depend on the basis for the Eleventh Circuit’s decision," the State's petition for certiorari is granted, the Eleventh Circuit's judgment is vacated, and the case is remanded "for further consideration consistent with this opinion." Justices Thomas and Gorsuch would have granted the certiorari petition and set the case for argument.