Respondent Counsel (Mr. Graver)
Counsel arguing for the respondent side in Hamm v. Smith and discussing the scope of Atkins, Hall, and Moore and the role of state discretion in defining intellectual disability for Eighth Amendment purposes.
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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.
