An test that Robert Smith took when he was 15 years old (in 1964) indicated that he had an I.Q. of 62. One that he took later that year indicated an I.Q. of 71.
Smith committed a murder in 1980.
Tests taken in 2005 and 2007 indicated in I.Q. of 89, 91, and 93.
What Mr. Smith's I.Q. was at the time of the murder is the difference between life and death.
Judge Reinhardt authors the majority opinion. Judge Callahan dissents. So you can guess where the Ninth Circuit comes out today.
You thought the bar exam was stressful. Imagine a test that decides whether you live or die.
