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Bowling v. Commonwealth

Citations

  • 163 S.W.3d 361
  • 2005 WL 628968

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that because the Kentucky statute unambiguously sets IQ score of 70 as cutoff, courts cannot consider the Flynn Effect or standard error of measurement
  • informing that the Wechsler Adult Intelligence Scale (3rd. ed.) defines significantly subaverage intellectual functioning as ... two or more standard deviations below the mean
  • noting that because mental health retardation is a permanent, static condition, it would be rare for the condition to recede between the time of offense and execution
  • informing that the Wechsler Adult Intelligence Scale (3rd. ed.) defines significantly subaverage intellectual functioning as . . . two or more standard deviations below the mean
  • recognizing Supreme Court “left it to the states to formulate their own definitions, so long as they ‘generally conform[ed] to the clinical definitions’ established by the AAMR and the American Psychiatric Association as approved in Atkins”
  • “Bowling IV”},3 wherein the Commonwealth advocated and this Court accepted that two Otis IQ scores of 84 and 79 (the only two test scores taken while the defendant was a juvenile

Source: CourtListener parenthetical corpus (CC0).

Judges: Lambert, Johnstone, Scott, Wintersheimer, Keller, Graves

Read full opinion on CourtListener

Cited by

65 cases in this archive cite this case; the 20 most cited are listed.

Cites

108 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.