WASHINGTON (CN) - By focusing exclusively on a defendant's IQ score, Florida "creates an unacceptable risk that persons with intellectual disability will be executed," the U.S. Supreme Court ruled Tuesday.
"Intellectual disability is a condition, not a number," Justice Anthony Kennedy wrote for the divided court. "Courts must recognize, as does the medical community, that the IQ test is imprecise."
The explosive finding comes in the case of Freddie Lee Hall, who has been in prison since his 1981 conviction on the murder three years earlier of Karol Hurst, a pregnant, 21-year-old newlywed.
He was sentenced and resentenced to death, even after the trial court found him mentally retarded as a mitigating factor.
Those findings by the sentencing court noted that Hall had been raised "under the most horrible family circumstances imaginable."
He had been the 16th of 17 children born to a woman who once tied him in a sack, swung him over a fire and beat him, the court found.
Hall's mother also buried him as a boy in the sand up to his neck to "strengthen his legs;" and she beat him while he was tied naked to a ceiling beam.
In addition to regularly locking Hall in a smokehouse, the mother held a gun on Hall while poking him with sticks, and starved him to prepare for "the famine."
The Florida Supreme Court nevertheless affirmed that the Hall's "serious mental difficulties" did not render him incompetent at the resentencing hearings. That ruling noted Hall "is probably somewhat retarded."
Hall tried again when the U.S. Supreme Court prohibited states from executing the mentally impaired with the 2002 case Atkins v. Virginia.
Though that decision deemed such executions cruel and unusual, the court tasked the states with developing a means of enforcing the new restriction.
Hall presented evidence of literacy problems and three IQ tests on which he scored a 73, an 80 and a 71.
Since Florida law defines intellectual disability to require an IQ test score of 70 or less, however, the court determined that Hall could not establish mental retardation.
The divided Florida Supreme Court affirmed denial in 2012, finding "that there is competent, substantial evidence to support the court's finding that Hall is not mentally retarded."
Justice James Perry complained in dissent that application of Florida's IQ standard here "reaches an absurd result."
"Hall is a poster child for mental retardation claims because the record here clearly demonstrates that Hall is mentally retarded," Perry wrote. "The fact that our statutory standard does not agree only serves to illustrate a flaw in the statute."
Perry quoted previous findings of Hall's IQ of 60, brain damage, chronic psychosis, speech impediment, learning disability, functional illiteracy and the short-term memory of a first grader.
The U.S. Supreme Court granted Hall a writ of certiorari late last year and found Florida's rule unconstitutional, 5-4, Tuesday.
"No legitimate penological purpose is served by executing a person with intellectual disability," the 22-page opinion states. "To do so contravenes the Eighth Amendment, for to impose the harshest of punishments on an intellectually disabled person violates his or her inherent dignity as a human being."
Florida's statute does not comport with Atkins because "the Florida Supreme Court has interpreted the provisions more narrowly," the ruling states.