tag:blogger.com,1999:blog-734853673493184903.post3593727227840009371..comments2009-09-05T15:41:21.512-07:00Comments on Intellectual Competence & the Death Penalty: Court decision upholds MR diagnosis in death penal...Kevinhttp://www.blogger.com/profile/07945625852793502565noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-734853673493184903.post-10468955490910758272009-09-05T15:41:21.512-07:002009-09-05T15:41:21.512-07:00The Davis opinion offers a very elegant analysis o...The Davis opinion offers a very elegant analysis of the types of proof required in an Atkins determination. Notably, the court rejected the notion that only a "flat" IQ profile is characteristic of Intellectual Disabilities. In California, which does not have a "bright line" number for the determination of the intellectual deficits prong for MR, the Vidal case [www.courtinfo.ca.gov/opinions/revpub/F045226A.PDF] illustrates how extreme the discrepancies between verbal and performance abilities can be. Vidal was measured at one point as having a WAIS-R VIQ of 70, a PIQ of 96 and an FSIQ of 78. Other testing was even more extreme. It was argued and held at trial that Mr. Vidal was Mentally Retarded. The court of appeals was unwilling to overturn the trial courts opinion. Both of these cases look to the variability within an intellectual profile. The Floyd article cited by Dr. Walrath addresses this question effectively.<br /><br />Dale<br /><br />Dale G. Watson, Ph.D.<br />Clinical and Forensic Neuropsychologist<br />2160 Appian Way, Suite 105<br />Pinole, CA 94564<br />866-536-5301<br />watson.dale@comcast.netAACN Communityhttp://www.blogger.com/profile/05194117954929333908noreply@blogger.com