Atkins Court Decision: TX CCA Commutes Bobby Moore’s Death Sentence in Intellectual Disability Case

After iterating through the courts for years, the Atkins case of Bobby Moore, which had the Texas Briseno factors as a core issue, has been settled.

Click here for news story.  Here is another news story link.

Shriver op-ed on Moore v Texas continuing saga with SCOTUS

The LA Times published an excellent op-ed that explains, in simple understandable language, the issues and reasoning behind the recent legal saga of Moore v Texas.  A pdf copy is available here.

Here is link to the latest blog post that can lead you through the past and recent decisions in this case.

Atkins decisions: More on Moore v TX (2018). ABA files brief on behalf of Moore - UPDATED 11-20-18 to include APA amicus brief

Interesting turn of events re: Moore v. Texas. ABA story here.

The AG’s motion can be found here. The ABA amicus brief can be found here.

The trail of prior documents and decision can be found starting here.

11-20-18 UPDATE.  I previously did not have a copy of the APA amicus brief. A copy is now available here.


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Law Review Article: Intellectual Disability in Capital Cases: Adjusting State Statutes After Moore v. Texas

Another new Atkins related law review article available here.


ABSTRACT

In Atkins v. Virginia (2002), the U.S. Supreme Court ruled that the execution of intellectually disabled inmates violates the cruel and unusual punishment clause of the Eighth Amendment. Twelve years later in Hall v. Florida (2014), the Court revisited its Atkins decision to provide further clarification on how states should assess intellectual disability. This article examines Moore v. Texas (2017), the latest development in the Court's rulings on capital determinations of intellectual disability. It also reviews state statutes and court cases from the thirty-one death penalty states to determine how they comport with the Court's Moore ruling. These statutes and cases shed light on issues with respect to intellectual disability in capital trials that the Court has yet to address. The article concludes with model language to help states make their capital punishment protocols constitutional, so that the intellectually disabled remain free from execution.

Law Review Article: Evaluating Intellectual Disability: Clinical Assessments in Atkins Cases (Ellis et al., 2018)

This new law review article is, IMHO, the best overview article regarding the history of ID, the legal issues in Atkins cases, and good discussion of the major conceptual and measurement issues found in many Atkins cases. An excellent introduction to ID issues in Atkins cases.

EVALUATING INTELLECTUAL DISABILITY: CLINICAL ASSESSMENTS IN ATKINS CASES

James W. Ellis, Caroline Everington, Ann M. Delpha

ABSTRACT

The intersection of intellectual disability and the death penalty is now clearly established. Both under the U.S. Supreme Court's constitutional decisions and under the terms of many state statutes, individual defendants who have that disability cannot be sentenced to death or executed. It now falls to trial, appellate, and post-conviction courts to determine which individual criminal defendants are entitled to the law's protection. This Article attempts to assist judges in performing that task. After a brief discussion of the Supreme Court's decisions in Atkins v. Virginia, Hall v. Florida, and Moore v. Texas, it analyzes the component parts and terminology of the clinical definition of intellectual disability. It then offers more detailed discussion of a number of the clinical issues that arise frequently in adjudicating these cases. For each of these issues, the Article's text and the accompanying notes attempt to provide judges with a thorough survey of the relevant clinical literature, and an explanation of the terminology used by clinical professionals. Our purpose is to help those judges to become more knowledgeable consumers of the clinical reports and expert testimony presented to them in individual cases, and to help them reach decisions that are consistent with what the clinical literature reveals about the nature of intellectual disability and best professional practices in the diagnostic process.

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Court decision: Moore v Texas (2018) after SCOTUS vacated decison based on Briseno AB standards

I'm a bit behind in posting information regarding recent Atkins-related court decisions.

Despite SCOTUS recently vacating Moore v Texas based on Texas's Briseno standards not being consistent with prevailing medical and professional standards, Moore was still found to not be ID in the latest decision from Texas.  The majority opinion can be found here.  The dissenting opinion can be found here.

The Relation between Intelligence and Adaptive Behavior: A Meta-Analysis

Very important meta-analysis of AB IQ relation. Primary finding on target with prior informal synthesis by McGrew (2015)

The Relation between Intelligence and Adaptive Behavior: A Meta-Analysis   
 
Ryan M. Alexander 
 
ABSTRACT 
 
Intelligence tests and adaptive behavior scales measure vital aspects of the multidimensional nature of human functioning. Assessment of each is a required component in the diagnosis or identification of intellectual disability, and both are frequently used conjointly in the assessment and identification of other developmental disabilities. The present study investigated the population correlation between intelligence and adaptive behavior using psychometric meta-analysis. The main analysis included 148 samples with 16,468 participants overall. Following correction for sampling error, measurement error, and range departure, analysis resulted in an estimated population correlation of ρ = .51. Moderator analyses indicated that the relation between intelligence and adaptive behavior tended to decrease as IQ increased, was strongest for very young children, and varied by disability type, adaptive measure respondent, and IQ measure used. Additionally, curvilinear regression analysis of adaptive behavior composite scores onto full scale IQ scores from datasets used to report the correlation between the Wechsler Intelligence Scales for Children- Fifth edition and Vineland-II scores in the WISC-V manuals indicated a curvilinear relation—adaptive behavior scores had little relation with IQ scores below 50 (WISC-V scores do not go below 45), from which there was positive relation up until an IQ of approximately 100, at which point and beyond the relation flattened out. Practical implications of varying correlation magnitudes between intelligence and adaptive behavior are discussed (viz., how the size of the correlation affects eligibility rates for intellectual disability).
 
Other Key Findings Reported
 
McGrew (2012) augmented Harrison's data-set and conducted an informal analysis including a total of 60 correlations, describing the distributional characteristics observed in the literature regarding the relation. He concluded that a reasonable estimate of the correlation is approximately .50, but made no attempt to explore factors potentially influencing the strength of the relation.
 
Results from the present study corroborate the conclusions of Harrison (1987) and McGrew (2012) that the IQ/adaptive behavior relation is moderate, indicating distinct yet related constructs. The results showed indeed that the correlation is likely to be stronger at lower IQ levels—a trend that spans the entire ID range, not just the severe range. The estimated true mean population is .51, and study artifacts such as sampling error, measurement error, and range departure resulted in somewhat attenuated findings in individual studies (a difference of about .05 between observed and estimated true correlations overall).
 
 
The present study found the estimated true population mean correlation to be .51, meaning that adaptive behavior and intelligence share 26% common variance. In practical terms, this magnitude of relation suggests that an individual's IQ score and adaptive behavior composite score will not always be commensurate and will frequently diverge, and not by a trivial amount. Using the formula Ŷ = Ȳ + ρ (X - X ̅ ), where Ŷ is the predicted adaptive behavior composite score, Ȳ  is the mean adaptive behavior score in the population, ρ  is the correlation between adaptive behavior and intelligence, X is the observed IQ score for an individual, and X ̅ is the mean IQ score, and accounting for regression to the mean, the predicted adaptive behavior composite score corresponding to an IQ score of 70, given a correlation of .51, would be 85 —a score that is a full standard deviation above an adaptive behavior composite score of 70, the cut score recommended by some entities to meet ID eligibility requirements. With a correlation of .51, and accounting for regression to the mean, an IQ score of 41 would be needed in order to have a predicted adaptive behavior composite score of 70. Considering that approximately 85% of individuals with ID have reported IQ scores between 55 and 70±5 (Heflinger et al., 1987; Reschly, 1981), the eligibility implications, especially for those with less severe intellectual impairment, are alarming. In fact, derived from calculations by Lohman and Korb (2006), only 17% of individuals obtaining an IQ score of 70 or below would be expected to also obtain an adaptive behavior composite score of 70 or below when the correlation between the two is .50. 
 
 
The purpose of this study was to investigate the relation between IQ and adaptive behavior and variables moderating the relation using psychometric meta-analysis. The findings contributed in several ways to the current literature with regard to IQ and adaptive behavior. First, the estimated true mean population correlation between intelligence and adaptive behavior following correction for sampling error, measurement error, and range departure is moderate, indicating that intelligence and adaptive behavior are distinct, yet related, constructs. Second, IQ level has a moderating effect on the relation between IQ and adaptive behavior. The correlation is likely to be stronger at lower IQ levels, and weaker as IQ increases. Third, while not linear, age has an effect on the IQ/adaptive behavior relation. The population correlation is highest for very young children, and lowest for children between the ages of five and 12. Fourth, the magnitude of IQ/adaptive behavior correlations varies by disability type. The correlation is weakest for those without disability, and strongest for very young children with developmental delays. IQ/adaptive behavior correlations for those with ID are comparable to those with autism when not matched on IQ level. Fifth, the IQ/adaptive correlation when parents/caregivers serve as adaptive behavior respondents is comparable to when teachers act as respondents, but direct assessment of adaptive behavior results in a stronger correlation. Sixth, an individual's race does not significantly alter the correlation between IQ and adaptive behavior, but future research should evaluate the influence of race of the rater on adaptive behavior ratings. Seventh, the correlation between IQ and adaptive behavior varies depending on IQ measure used—the population correlation when Stanford-Binet scales are employed is significantly higher than when Wechsler scales are employed. And eighth, the correlation between IQ and adaptive behavior is not significantly different between adaptive behavior composite scores obtained from the Vineland, SIB, and ABAS families of adaptive behavior measures, which are among those that have been deemed appropriate for disability identification. Limitations of this study notwithstanding, it is the first to employ meta-analysis procedures and techniques to examine the correlation between intelligence and adaptive behavior and how moderators alter this relation. The results of this study provide information that can help guide practitioners, researchers, and policy makers with regard to the diagnosis or identification of intellectual and developmental disabilities.


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Validity, Interrater Reliability, and Measures of Adaptive Behavior: Concerns Regarding the Probative Versus Prejudicial Value

Validity, Interrater Reliability, and Measures of Adaptive Behavior: Concerns Regarding the Probative Versus Prejudicial Value

Psychology, Public Policy, and Law. Article link.

Karen L. Salekin,The University of Alabama
Tess M. S. Neal,Arizona State University
Krystal A. Hedge, Federal Medical Center, Devens, Massachusetts

The question as to whether the assessment of adaptive behavior (AB) for evaluations of intellectual disability (ID) in the community meet the level of rigor necessary for admissibility in legal cases is addressed. AB measures have made their way into the forensic domain, in which scientific evidence is put under great scrutiny. Assessment of ID in capital murder proceedings has garnished a lot of attention, but assessments of ID in adult populations also occur with some frequency in the context of other criminal proceedings (e.g., competence to stand trial, competence to waive Miranda rights), as well as eligibility for social security disability, social security insurance, Medicaid/Medicare, government housing, and postsecondary transition services. As will be demonstrated, markedly disparate findings between raters can occur on measures of AB even when the assessment is conducted in accordance with standard procedures (i.e., the person was assessed in a community setting, in real time, with multiple appropriate raters, when the person was younger than 18 years of age), and similar disparities can be found in the context of the unorthodox and untested retrospective assessment used in capital proceedings. With full recognition that some level of disparity is to be expected, the level of disparity that can arise when these measures are administered retrospectively calls into question the validity of the results and, consequently, their probative value.

Keywords: adaptive behavior measures, Atkins, forensic evaluations, validity, interrater reliability


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SCOTUS orders Florida to reconsider Atkins case in light of Moore v Texas: Tavares Wright

The United States Supreme Court has ordered the Florida Supreme Court to reconsider a decision that had denied a death-row prisoner's claim that he was ineligible for the death penalty because he has Intellectual Disability. On October 16, the Court reversed and remanded the case of Tavares Wright (pictured, left), directing the Florida courts to reconsider his intellectual-disability claim in light of the constitutional standard the Court set forth in its March 2017 decision in Moore v. Texas.

More information can be found here.

Atkins-related Court decision: Cathey v Davis (2017, Texas)

For some reason I failed to post the most recent court decision this past May regarding Cathey, a case where the Flynn effect (norm obsolescence) is prominent. This decision can now be found here. The court granted Cathey a district court hearing to present evidence regarding the Flynn effect in his Atkins claim. Prior Cathey related posts can be found here.


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Breaking News: SCOTUS vacates Moore v Texas Atkins decision: Briseno adaptive behavior standards not consistent with medical consensus

SCOTUS has vacated Moore v Texas which had as the central issue the inappropriate use of the state of Texas's unusual Briseno adaptive behavior standards.

Prior posts regarding this case can be found here. The history of the case before SCOTUS is available at the SCOTUS blog. A copy of the decision can be accessed here.

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