On June 6, 2025, the Supreme Court granted the certiorari petition of the Commissioner of the Alabama Department of Corrections in the case of Hamm v. Smith, 24-872. The respondent, Joseph Smith, was found entitled to relief on his Atkins claim by the Eleventh Circuit Court of Appeals in Smith v. Commissioner, 2024 WL 4793028 (11th Cir.), following an earlier remand from the Supreme Court. The Supreme Court constructed the question presented: "Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim."
Click here to view the commissioner's certiorari petition.