According to Tom, this was a good decision. According to Tom, the following issues were notable:
- The decision rested heavily on the use of the DSM rather than the State's more restrictive definition of M/ID.
- Herring, the petitioner, had at least 4 IQs above 70. This will seemingly gave credence to the use of the Flynn Effect. After the FE adjustment, the IQs were above 70.
- The court correctly viewed the assessment of adaptive behaviours displayed in prison to be inappropriate, given the setting's restrictiveness.