16 January 2019 :

U.S. Supreme Court Reverses Kentucky Court in Intellectual Disability Case of Larry Lamont White. The U.S. Supreme Court has reversed a Kentucky state court ruling that would have permitted the Commonwealth to execute death-row prisoner Larry Lamont White without an evidentiary hearing on his claim that he is intellectually disabled. In a one-paragraph order issued on January 15, 2019, the Court granted White’s petition for review, vacated the Kentucky Supreme Court’s denial of his death-penalty appeal, and directed the state court to reconsider White’s eligibility for capital punishment in light of the standard for determining intellectual disability set forth in the justices’ 2017 decision in Moore v. Texas. Justices Alito, Thomas, and Gorsuch dissented. White’s trial lawyers argued that he was ineligible for the death penalty because of intellectual disability, providing evidence from IQ testing conducted in 1971 when he was 12 years old. The trial court summarily denied relief and the Kentucky Supreme Court affirmed, based on a Kentucky statute that required a capitally-charged defendant to score 70 or below on an IQ test to be considered intellectually disabled. The court said White could not be considered intellectually disabled because his IQ score was 76. The court also relied upon White’s filing of motions without the assistance of counsel to conclude “that there is ample evidence of [White]'s mental acumen.” However, ten months after White’s appeal, the state court ruled that Kentucky’s statutory IQ cutoff violated Moore and the Eighth Amendment, holding that “any rule of law that states that a criminal defendant automatically cannot be ruled intellectually disabled and precluded from execution simply because he or she has an IQ of 71 or above, even after adjustment for statistical error, is unconstitutional.” Justice Alito dissented, citing a previous dissent by the late Justice Antonin Scalia that the Supreme Court’s summary reversals for reconsideration should be reserved for cases in which an intervening factor is present. Here, Alito argued, the Court should not have intervened because the Moore decision “was handed down almost five months before the Supreme Court of Kentucky reached a decision in White’s case.”