2021 Ohio 241
Ohio Ct. App.2021Background
- Andre R. Williams was convicted of aggravated murder and sentenced to death in 1989; Ohio Supreme Court affirmed his convictions and sentence.
- Williams filed an Atkins (intellectual-disability) postconviction petition (2003); after multiple state and federal proceedings the Sixth Circuit ordered a fresh state-court analysis of his Atkins claim in 2015.
- The Trumbull County trial court held multi-day evidentiary hearings in 2016–2017, heard competing expert testimony (conflicting IQ and adaptive-functioning results), and denied relief in a 2019 entry.
- Key disputed evidence: childhood IQ and school records (WISC-R 67 at age ~16; earlier Stanford‑Binet scores in the 70s), several adult IQs (68–75), and divergent adaptive assessments (ABAS-3, SIB‑R, Vineland) with experts disagreeing on administration, SEM, Flynn Effect, and prison-context validity.
- The trial court excluded a proffered "teaching" expert (Dr. Stephen Greenspan) and declined to admit raw ABAS-3 data; on appeal the court of appeals reversed only on the exclusion of the teaching expert and remanded for further proceedings under updated standards (Ford / Hall / Moore), allowing updated testing and supplemental testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams shows significantly subaverage intellectual functioning | Williams: multiple historic and current IQ scores (including a 67 WISC‑R and a 68 WAIS‑IV) and SEM/Flynn adjustments support IQ ≈70 or below | State: scores are borderline, suspect due to motivation, substance use, practice effect; historic scores improperly discounted | Appellate court did not resolve merits; remanded for fresh analysis under current standards (Ford/Hall/Moore) |
| Whether Williams has significant adaptive deficits | Williams: school records, informant ABAS-3 and Vineland evidence longstanding adaptive limitations | State: prison functioning, higher ABAS-3 scores by state expert, test administration and retrospective bias undermine adaptive claims | Appellate court did not resolve merits; remanded for re-evaluation applying current clinical guidance; trial-court findings not sustained here |
| Whether deficits manifested before age 18 (age-of-onset) | Williams: school placement (special education), IEPs, childhood IQ/achievement scores show onset in childhood | State: no formal childhood diagnosis; some childhood tests unreliable (alcohol use, lack of effort); only one pre-18 score within disability range | Appellate court did not decide merits; remanded for new analysis applying current standards; age-of-onset remains to be decided below |
| Exclusion of teaching expert testimony (Dr. Greenspan) | Williams: Greenspan’s testimony was admissible and non‑cumulative — would educate the court on AAIDD/APA standards, ABAS‑3 use, Flynn Effect, and retrospective methods | State: three other experts testified; Greenspan would be cumulative and his teaching role unnecessary | Court of appeals: exclusion was an abuse of discretion; reversed and remanded to permit teaching‑expert testimony and allow updated evaluations/supplemental testimony |
Key Cases Cited
- Atkins v. Virginia, 536 U.S. 304 (execution of intellectually disabled persons violates the Eighth Amendment)
- Hall v. Florida, 572 U.S. 701 (IQ scores within the test's SEM must be considered and additional evidence may be required)
- Moore v. Texas, 137 S. Ct. 1039 (recognizing clinical standards for adaptive deficits and cautioning against nonclinical stereotypes)
- Brumfield v. Cain, 576 U.S. 305 (state court unreasonably rejected IQ score within SEM)
- State v. Ford, 158 Ohio St.3d 139 (Ohio adopts updated three‑part Ford test aligning with Hall/Moore and rejects Lott’s rebuttable presumption at IQ>70)
- State v. Lott, 97 Ohio St.3d 303 (original Ohio three‑part framework for Atkins claims)
- Williams v. Mitchell, 792 F.3d 606 (6th Cir. ordered fresh state-court analysis; criticized wholesale exclusion of past evidence)