Respondent Counsel / Alabama Representative (Mr. Waxman)
Advocate representing Alabama's position in the argument, explaining Alabama law on intellectual disability determinations and defending the lower courts' holistic consideration of multiple IQ scores and adaptive-functioning evidence.
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Dec 10, 2025 • 2h 1min
Hamm v. Smith
In this discussion, lead petitioner counsel Mr. Overing presents arguments on how multiple IQ scores should be evaluated in Atkins claims. Respondent counsel Mr. Graver defends Alabama's law, emphasizing state discretion in defining intellectual disability, while Mr. Waxman advocates for a holistic analysis of evidence beyond just IQ scores. The interplay of IQ results and adaptive functioning evidence takes center stage, as the justices probe the implications of federal standards versus state-defined criteria for the Eighth Amendment.
