Latest news with #JosephSmith
Washington Post
3 days ago
- Politics
- Washington Post
Supreme Court to hear case on IQ tests and death penalty next term
The Supreme Court will hear a case next term centered on the role of multiple IQ scores in determining an Alabama murderer's eligibility for the death penalty, according to a list issued by the court late Friday. In Hamm v. Smith, the state of Alabama is arguing that Joseph Smith — who was sentenced to death for a murder in 1997 — should be executed because he has not proved that his IQ is 70 or below, as required by state law. However, the U.S. District Court for the Southern District of Alabama vacated Smith's death sentence after ruling he is intellectually disabled because the score on one of his IQ tests could fall below 70 when accounting for margin of error. Smith had obtained five IQ scores that ranged from 72 to 78. The Supreme Court justices agreed to hear Hamm v. Smith to determine a limited question: 'Whether and how courts may consider the cumulative effect of multiple IQ scores in assessing an Atkins claim,' referring to the 2002 landmark decision Atkins v. Virginia, which ruled that executing those with intellectual disabilities violates the Eighth Amendment's ban on cruel and unusual punishment. In November, the Supreme Court issued a per curiam decision to remand the case for further consideration. In it, the justices said that the U.S. Court of Appeals for the Eleventh Circuit — which had affirmed the lower court's decision to vacate Smith's death sentence — had been unclear in why it had issued that decision. In February, the state of Alabama again asked the Supreme Court to intervene, saying the Eleventh Circuit 'watered down the most objective prong of the test, overrode Alabama's definition of intellectual disability, and shattered Atkins's promise to leave meaningful discretion to the States.' 'This case was not close: Smith scored 75, 74, 72, 78, and 74 on five full-scale IQ tests. There is no way to conclude from these five numbers that Smith's true IQ is likely to be 70 or below,' the state of Alabama argued, also adding that evaluating multiple IQ scores is 'complicated' and that the Supreme Court has not specified how to do it. 'Smith could take hundreds of IQ tests, score 75 on all of them, yet his IQ still 'could be' 70, according to the panel [the Eleventh Circuit], because every test could have erred by 5 points. The panel failed to appreciate that multiple tests together can provide a more accurate estimate than each test alone,' the state argued. The Supreme Court's next term is scheduled to begin in October. The list of new cases was not expected until Monday morning, but email notifications about the list were inadvertently sent Friday evening because of a technical glitch, so the court chose to release the list of cases earlier than scheduled. In a statement that accompanied the early release, court spokeswoman Patricia McCabe said the notifications were sent prematurely because of an 'apparent software malfunction.' Justin Jouvenal contributed to this report.
Yahoo
3 days ago
- Politics
- Yahoo
Supreme Court to consider use of multiple IQ tests in case of Alabama death row inmate
WASHINGTON − More than two decades after the Supreme Court said inmates who are intellectually disabled can't be executed, the court will consider how to deal with multiple intelligence tests in evaluating close calls. The court on June 6 said it would take up the case of Alabama death row inmate Joseph Smith, who was convicted and sentenced to death for a brutal murder in 1997. Smith's IQ scores have ranged from 72 to 78. Because IQ tests have an error range, lower courts said Smith's IQ could be below 70, one of the factors for defining intellectual disability. But the state argues that when five test scores are all above 70, it's unlikely that Smith's IQ is 70 or below. The Justice Department similarly told the Supreme Court that some lower courts are confused about how to evaluate multiple IQ tests under Supreme Court rules for what counts as cruel and unusual punishment under the Eighth Amendment. "That confusion prevents states from implementing lawful capital punishment," lawyers for the Justice Department wrote in a brief urging the court to get involved. Lawyers for Smith countered that the Supreme Court has previously said there's no precise math equation for determining an intellectual disability. Related: Alabama sets date to execute Gregory Hunt This isn't the first time the high court has considered a request from Alabama to take up Smith's case. After sitting on the case for more than a year, the court in November ordered the Atlanta-based 11th U.S. Circuit Court of Appeals to clarify why it backed the trial judge's determination that Smith is intellectually disabled and can't be executed. Related: Alabama executes James Osgood for 2010 rape and murder In a brief opinion, the court said it couldn't tell if the appeals court used a holistic approach to weighing the evidence about Smith's disability or relied primarily on his lowest-possible IQ score. The justices noted that the Supreme Court hadn't previously said how courts should evaluate multiple IQ scores. In response, the appeals court said it considered the entire record. In addition to IQ, other factors that define intellectual disability are 'significant or substantial deficits in adaptive behavior' and the onset of those qualities before age 18. 'Clinicians who attempt to diagnose whether an individual has significantly subaverage intellectual functioning do not limit themselves to IQ tests,' the appeals court wrote. Multiple IQ tests with similar results are not sufficient, the court said, because the test itself may be consistently flawed or improperly given. Smith was convicted and sentenced to death for the 1997 murder of Durk Van Dam, who received 35 blunt force injuries and wounds from a saw on his neck, shoulder and back. U.S. District Judge Callie V. S. Granade called the evaluation of Smith's mental functioning a 'close case' but wrote 'the evidence indicates that Smith's intelligence and adaptive functioning has been deficient throughout his life.' This article originally appeared on USA TODAY: Supreme Court to consider use of IQ tests in Alabama death row case
CBS News
22-05-2025
- CBS News
Stockton man accused of embezzling $85,000 from First Tee of San Joaquin
STOCKTON -- Joseph Smith, a well-known Stocktonian and former executive director of First Tee of San Joaquin, has been arraigned this week on six counts of embezzlement and forgery. This includes one count of embezzlement, one count of grand theft by embezzlement of over $950, and four counts of forgery. CBS Sacramento attempted to reach Smith to provide him the opportunity to speak, but have not heard back. These accusations have shocked many, as Smith was accused of embezzling $85,000 from the non-profit aimed at helping children between the ages of 7 and 17 build character and self-confidence through the game of golf. In a statement released by First Tee of San Joaquin, the Board of Directors expressed how sad they are to hear this happened but wants to reassure the community they are taking this case seriously. Along with saying Smith was let go from his role earlier this year, the Board of Directors said, in part: "The board of First Tee San Joaquin assures you; we are dedicated to serving the kids of San Joaquin County through our mission. The board and staff will continue to provide educational programs that build character, instill life-enhancing values and promote healthy choices through the game of golf, as we move forward." According to the San Joaquin County Sheriff's Office, the case was first brought to them in March. That's when they were able to determine how much money was allegedly embezzled by Smith. San Joaquin County District Attorney Ron Frietas also released a statement emphasizing the importance of this non-profit to the community. He said in part, "The funds stolen were intended to support these vulnerable children, and those who seek to steal from our children, especially those in a position of trust, will be dealt with to the fullest extent of the law, by this District Attorney's Office." The Sheriff's Office has confirmed Smith is no longer in custody and the case has been turned over to the District Attorney's Office. Smith is scheduled to appear in court on June 24.
Yahoo
22-05-2025
- Yahoo
Former First Tee of San Joaquin executive director charged with embezzlement, forgery
Joseph Smith, former executive director of First Tee of San Joaquin, was arraigned this week on six counts of embezzlement and forgery, the San Joaquin County District Attorney's Office announced. Smith, who was fired by First Tee of San Joaquin in early 2025, is accused of one count of embezzlement, one count of embezzlement of more than $950, and four counts of forgery. He is accused of embezzling $90,000, according to the criminal complaint. In the complaint filed May 14 by the district attorney's office, prosecutors allege Smith was an employee at First Tee of San Joaquin County when he committed the crimes. Prosecutors also allege Smith issued a debit card and personal checks while knowing they were false, altered, forged or counterfeited. The charges come after the San Joaquin County Sheriff's Office began an investigation into Smith in March. The investigation was prompted by allegations from First Tee of San Joaquin officials, according to sheriff's spokesperson Heather Brent. Smith was arrested by sheriff's deputies on May 8 and arraigned in San Joaquin County Superior Court on May 20. First Tee of San Joaquin is a nonprofit organization that works with children ages 7 to 17. According to its website, the nonprofit "enables kids to build the strength of character that empowers them through a lifetime of new challenges." "By seamlessly integrating the game of golf with a life skills curriculum, we create active learning experiences that build inner strength, self-confidence and resilience that kids can carry to everything they do," the organization's website states. "We're building game changers through our junior golf programs." District Attorney Ron Freitas said Wednesday that First Tee of San Joaquin has been a valued asset to San Joaquin County since its founding. "They instill lessons in our area children that they can carry into adulthood and prepare them to be successful members of our community," Freitas said. "The funds stolen were intended to support these vulnerable children, and those who seek to steal from our children, especially those in a position of trust, will be dealt with to the fullest extent of the law by this district attorney's office." In a written statement issued Tuesday, First Tee San Joaquin officials said they were "saddened about the unfortunate news of embezzlement" by Smith. "Know that we are taking this matter very seriously," First Tee San Joaquin officials said. "As we move forward, the board of First Tee San Joaquin assures you that we are dedicated to serving the kids of San Joaquin County. We will continue to provide educational programs that build character, instill life-enhancing values, and promote healthy choices through the game of golf." Smith is scheduled to appear at 8:30 a.m. June 24 before Judge John Soldati in Department 8B of San Joaquin County Superior Court for further arraignment. Complaint against Joseph Smith by eroberts on Scribd (This story was updated to add new information.) Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@ or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at This article originally appeared on The Record: Former First Tee of San Joaquin executive director charged with embezzlement
Chicago Tribune
06-04-2025
- Entertainment
- Chicago Tribune
Today in History: First modern Olympic games held
Today is Sunday, April 6, the 96th day of 2025. There are 269 days left in the year. Today in history: On April 6, 1896, the first modern Olympic games formally opened in Athens, Greece. Also on this date: In 1830, Joseph Smith and others met in Fayette, New York, to form the Church of Christ — now known as The Church of Jesus Christ of Latter-day Saints. In 1862, the Civil War Battle of Shiloh began in Tennessee as Confederate forces launched a surprise attack against Union troops, who beat back the Confederates the following day. In 1917, the United States entered World War I as the House joined the Senate in approving a declaration of war against Germany that was then signed by President Woodrow Wilson. In 1954, Sen. Joseph R. McCarthy, R-Wis., responding to CBS newsman Edward R. Murrow's broadside against him on 'See It Now,' claimed in remarks filmed for the program that Murrow had, in the past, 'engaged in propaganda for Communist causes.' In 1968, 41 people were killed by a pair of explosions spurred by a natural gas leak at a sporting goods store in downtown Richmond, Indiana. In 1994, Rwandan President Juvénal Habyarimana and Burundian President Cyprien Ntaryamira were killed when the jet they were riding in was shot down by surface-to-air missiles as it attempted to land in Kigali, Rwanda. In 2012, five Black people were shot, three fatally, in Tulsa, Oklahoma; Jake England and Alvin Watts, who admitted to targeting the victims because of their race, pleaded guilty to murder and were sentenced to life in prison without parole. Today's Birthdays: Scientist James D. Watson is 97. Actor Billy Dee Williams is 88. Film director Barry Levinson is 83. Actor John Ratzenberger is 78. Baseball Hall of Famer Bert Blyleven is 74. Actor Marilu Henner is 73. Actor Michael Rooker is 70. Minnesota Gov. Tim Walz is 61. Football Hall of Famer Sterling Sharpe is 60. Actor Paul Rudd is 56. Actor Zach Braff is 50. Actor Candace Cameron Bure is 49. Musician Robert Glasper is 47.
