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No. 22-580October Term 2022Decided May 15, 2023

Docket 22-580October Term 2022 (2022–2023)

Hamm v. Smith

This case involves an emergency application by the State of Alabama to vacate a stay of execution granted to a death row inmate who challenged the state's lethal injection protocol.

Case status

Current stage
Decided
Latest event
Decision released May 15, 2023
Case Accepted
Arguments
Decision ReleasedMay 15, 2023
What it's about

This case involves an emergency application by the State of Alabama to vacate a stay of execution granted to a death row inmate who challenged the state's lethal injection protocol. The Supreme Court granted the application, allowing the execution to proceed, though the state ultimately called it off due to issues with establishing intravenous lines.

Question presented

1. Whether the Eleventh Circuit’s decision, which creates a conflict among the circuits and state courts of last resort, violates this Court’s precedent by failing to apply the “standard error of measurement” to a petitioner’s IQ scores. 2. Whether the Eleventh Circuit’s decision, which creates a conflict among the circuits and state courts of last resort, violates this Court’s precedent by failing to consider the “Flynn Effect” when evaluating a petitioner’s IQ scores.

Case path

United States Court of Appeals for the Eleventh Circuit / Decision released May 15, 2023

Area

Decided Supreme Court case

Grounding