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SMITH v. COMMISSIONER, ALABAMA DEP'T. OF CORR.

No. 21-14519.

67 F.4th 1335 (2023)

Joseph Clifton SMITH, Petitioner-Appellee, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: May 19, 2023.

Attorney(s) appearing for the Case

Christine A. Freeman , Kacey L. Keeton , Leslie S. Smith , Federal Defender Program, Inc., Middle District of Alabama, Montgomery, AL, for Petitioner-Appellee.

Beth Jackson Hughes , Edmund Gerard LaCour, Jr. , Henry M. Johnson , Alabama Attorney General's Office, Montgomery, AL, for Respondent-Appellant.

Before Wilson, Jordan, and Rosenbaum, Circuit Judges.

This appeal concerns whether the district court clearly erred in finding that Joseph Clifton Smith is intellectually disabled and, as a result, that his death sentence violates the Eighth Amendment. We hold that the district court did not clearly err. We therefore affirm the district court's judgment vacating Smith's sentence.

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