Freddie Lee Hall v. State of Florida — Labarga, J., Dissenting

Summary

Justice Labarga, dissenting, would reject Florida's inflexible IQ-70 cutoff because it creates a substantial risk that a person who is clinically and functionally mentally retarded will nevertheless be executed. He reasoned that constitutional safeguards must be construed to prevent erroneous determinations and must account for the full range of evidence considered by mental-health professionals. Justice Perry, dissenting, likewise would prevent Hall's execution, while Justice Pariente, concurring, agreed that the statutory cutoff controlled under existing precedent.