Of interest to readers may be the intelligence testing evidence. In state court Blue did not have a complete IQ test (just a couple of subtests and an IQ estimate--apparently completed pre-Atkins). For the federal court Blue was administered the WAIS-III in 2/08 and obtained a FSIQ of 76. The examiner recommended retesting given the fact that the newer WAIS-IV was just being published. The judge agreed. Nine months later Blue obtained a FSIQ of 77 on the WAIS-IV. Administration of WAIS-IV eliminated the Flynn Effect argument for the WAIS-III test scores and nine months between testing does mitigate the practice effect argument. Blue loses on the first prong of MR/ID.
The court also had some concerns about selective attention to certain portions of the adaptive behavior evidence..
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