No. 24-872October Term 2025Decided May 21, 2026Updated Sep 2, 2026
Hamm v. Joseph Clifton Smith
John Q. Hamm, Commissioner, Alabama Department of Corrections, Petitioner v. Joseph Clifton Smith
The Court ended its review without resolving the IQ-score question presented by Alabama and Smith.
Case status
Decided 5-4 · May 21, 2026 · Opinion by Justice Curiam
Read the opinion (PDF)- Current stage
- Decided
- Latest event
- Decision released May 21, 2026
- Argued alongside
- What it's about
Joseph Clifton Smith, who was sentenced to death in Alabama, argued that he is intellectually disabled and therefore cannot be executed under Atkins v. Virginia. The Supreme Court dismissed the case as improvidently granted, leaving the lower court’s ruling in place and not deciding how courts must weigh several IQ-test scores in assessing an Atkins claim.
Question presented
When a capital defendant has taken multiple IQ tests with varying results, how should courts evaluate the cumulative effect of those scores to determine whether the defendant has significantly subaverage intellectual functioning under Atkins v. Virginia ?
- Case path
United States Court of Appeals for the Eleventh Circuit / Decision released May 21, 2026
- Area
Capital Punishment
Decision
What the Court decided
The Court ended its review without resolving the IQ-score question presented by Alabama and Smith.
- Result
- Dismissed
Impact
People facing death sentences who claim intellectual disability are directly affected, including Joseph Clifton Smith. The Court dismissed the case as improvidently granted (not the right case to decide the question). For example, Smith’s five IQ scores ranged from 72 to 78. The dismissal created no new Supreme Court method for combining multiple IQ scores. Future courts may continue confronting how to assess such scores under Atkins v. Virginia.
Not official Court text.
Vote
- Vote split
- 5-4
- Majority author
- Per Curiam
Majority
- Brett M. Kavanaugh
- Elena Kagan
- Amy Coney Barrett
- Sonia Sotomayor(concurring, author)
- Ketanji Brown Jackson(concurring)
Dissenting
Opinion documents
Briefing
What it's about
The Supreme Court dismissed its writ of certiorari (its decision to hear the case) as improvidently granted. It did not answer how courts should weigh multiple IQ scores in an Atkins intellectual-disability claim.
Vote
The Court ruled 5–4, with Justices Kavanaugh, Kagan, and Barrett in the majority; Justices Sotomayor and Jackson concurred; Chief Justice Roberts and Justices Thomas, Alito, and Gorsuch dissented.
In a per curiam opinion, the Court dismissed the writ of certiorari as improvidently granted.
““The writ of certiorari is dismissed as improvidently granted.””
Impact
The case creates no new Supreme Court standard for evaluating varying IQ scores in death-penalty cases. Capital defendants raising intellectual-disability claims, including Smith, remain affected by the legal rules that otherwise apply to their cases.
What's next
The Supreme Court case is over. Lower courts will continue addressing intellectual-disability claims without a new Supreme Court rule from this case on combining multiple IQ scores.
What did the Supreme Court rule in Hamm v. Smith?
The Court dismissed its decision to hear the case as improvidently granted. It did not resolve the question about assessing multiple IQ scores.
Who is affected by the Hamm v. Smith dismissal?
People facing death sentences who raise intellectual-disability claims may be affected. The decision creates no new nationwide method for weighing differing IQ-test results.
What happens next in Hamm v. Smith?
The Supreme Court's review has ended. Lower courts continue to handle Smith's case and similar claims under the legal rules otherwise applicable.
Timing
Decided May 21, 2026
The Court released its decision 162 days after oral argument on December 10, 2025. The median for cases argued in December is 148 days.
Documents
Opinions
Audio
Key filings
Briefs on file: 24View on supremecourt.gov
Activity
Docket activity7
AI analysis generated: Case Briefing
Sep 2, 2026 | Generated
AI analysis generated: Impact Analysis
Sep 2, 2026 | Generated
AI analysis generated: Opinion Summary
Sep 2, 2026 | Generated
Opinion added: Opinion of the Court - Per Curiam
May 21, 2026 | Court records
Brief added: Questions Presented
Mar 8, 2026 | Court records
Audio Recording added: Oral Arguments - Hamm
Dec 10, 2025 | Court records
Brief added: Petition
Feb 12, 2025 | Court records
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 2, 2026
- Method
- Methodology
Primary materials9
Supreme Court docket 24-872
docket | Sep 3, 2026
Primary case document
Supreme Court document | Sep 3, 2026
Opinion of the Court - Per Curiam
opinion | May 21, 2026
Questions Presented
brief | Mar 8, 2026
Oral argument
audio | Dec 10, 2025
Petition
brief | Feb 12, 2025
SupremeCourt.gov
official | Sep 2, 2026
SupremeCourt.gov
official | Sep 2, 2026
SupremeCourt.gov
official | Sep 2, 2026