Florida Statute 921.137 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.137

921.137 Imposition of the death sentence upon an intellectually disabled defendant prohibited.—

(1) As used in this section, the term “intellectually disabled” or “intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the period from conception to age 18. The term “significantly subaverage general intellectual functioning,” for the purpose of this section, means performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the rules of the Agency for Persons with Disabilities. The term “adaptive behavior,” for the purpose of this definition, means the effectiveness or degree with which an individual meets the standards of personal independence and social responsibility expected of his or her age, cultural group, and community. The Agency for Persons with Disabilities shall adopt rules to specify the standardized intelligence tests as provided in this subsection.

(2) A sentence of death may not be imposed upon a defendant convicted of a capital felony if it is determined in accordance with this section that the defendant is intellectually disabled.

(3) A defendant charged with a capital felony who intends to raise intellectual disability as a bar to the death sentence must give notice of such intention in accordance with the rules of court governing notices of intent to offer expert testimony regarding mental health mitigation during the penalty phase of a capital trial.

(4) After a defendant who has given notice of his or her intention to raise intellectual disability as a bar to the death sentence is convicted of a capital felony and an advisory jury has returned a recommended sentence of death, the defendant may file a motion to determine whether the defendant is intellectually disabled. Upon receipt of the motion, the court shall appoint two experts in the field of intellectual disabilities who shall evaluate the defendant and report their findings to the court and all interested parties prior to the final sentencing hearing. Notwithstanding s. 921.141, s. 921.142, s. 921.1425, or s. 921.1427, the final sentencing hearing shall be held without a jury. At the final sentencing hearing, the court shall consider the findings of the court-appointed experts and consider the findings of any other expert which is offered by the state or the defense on the issue of whether the defendant has an intellectual disability. If the court finds, by clear and convincing evidence, that the defendant has an intellectual disability as defined in subsection (1), the court may not impose a sentence of death and shall enter a written order that sets forth with specificity the findings in support of the determination.

(5) If a defendant waives his or her right to a recommended sentence by an advisory jury following a plea of guilt or nolo contendere to a capital felony and adjudication of guilt by the court, or following a jury finding of guilt of a capital felony, upon acceptance of the waiver by the court, a defendant who has given notice as required in subsection (3) may file a motion for a determination of intellectual disability. Upon granting the motion, the court shall proceed as provided in subsection (4).

(6) If, following a recommendation by an advisory jury that the defendant be sentenced to life imprisonment, the state intends to request the court to order that the defendant be sentenced to death, the state must inform the defendant of such request if the defendant has notified the court of his or her intent to raise intellectual disability as a bar to the death sentence. After receipt of the notice from the state, the defendant may file a motion requesting a determination by the court of whether the defendant is intellectually disabled. Upon granting the motion, the court shall proceed as provided in subsection (4).

(7) Pursuant to s. 924.07, the state may appeal a determination of intellectual disability made under subsection (4).

(8) This section does not apply to a defendant who was sentenced to death before June 12, 2001.

(9) For purposes of the application of the criminal laws and procedural rules of this state to any matters relating to the imposition and execution of the death penalty, the terms “intellectual disability” or “intellectually disabled” are interchangeable with and have the same meaning as the terms “mental retardation” or “retardation” and “mentally retarded” as those terms were defined before July 1, 2013.

History.—s. 1, ch. 2001-202; s. 23, ch. 2006-195; s. 38, ch. 2013-162; s. 3, ch. 2023-25; s. 15, ch. 2025-156.

F.S. 921.137 on Google Scholar

F.S. 921.137 on CourtListener

Amendments to 921.137

Annotations, Discussions, Cases:

Cases Citing Statute 921.137

Total Results: 82

Ledford v. Warden, Georgia Diagnostic & Classification Prison

818 F.3d 600, 2016 U.S. App. LEXIS 5062, 2016 WL 1084274

Court of Appeals for the Eleventh Circuit | Filed: Mar 21, 2016 | Docket: 3046194

Cited 263 times | Published

standardized intelligence- test.” Fla. Stat. § 921.137. The Florida Supreme Court had interpreted this

Carroll v. SECRETARY, DOC

574 F.3d 1354, 2009 U.S. App. LEXIS 15935, 2009 WL 2092309

Court of Appeals for the Eleventh Circuit | Filed: Jul 17, 2009 | Docket: 280142

Cited 257 times | Published

mentally retarded individuals. See Fla. Stat. § 921.137. That law defines "mental retardation" as "significantly

Rodriguez v. State

919 So. 2d 1252, 2005 WL 1243475

Supreme Court of Florida | Filed: Jan 19, 2006 | Docket: 1678690

Cited 117 times | Published

in this regard. Rodriguez also argues that section 921.137, Florida Statutes (2004), which prohibits imposition

Hurst v. State

18 So. 3d 975, 34 Fla. L. Weekly Supp. 525, 2009 Fla. LEXIS 1558, 2009 WL 2959204

Supreme Court of Florida | Filed: Sep 17, 2009 | Docket: 694356

Cited 92 times | Published

319, 326 (Fla.2007) (quoting § 921.137(1), Fla. Stat. (2005)). See § 921.137(1), Fla. Stat. (2008); Fla

Franqui v. State

59 So. 3d 82, 36 Fla. L. Weekly Supp. 1, 2011 Fla. LEXIS 1, 2011 WL 31379

Supreme Court of Florida | Filed: Jan 6, 2011 | Docket: 2365238

Cited 87 times | Published

three-prong test for mental retardation. See § 921.137(1), Fla. Stat. (2009); Fla. R.Crim. P. 3.203;

Walls v. State

926 So. 2d 1156, 2006 WL 300665

Supreme Court of Florida | Filed: Feb 9, 2006 | Docket: 467122

Cited 79 times | Published

The trial court denied a hearing based on section 921.137, Florida *1174 Statutes (2005), the statute

Wright v. State

19 So. 3d 277, 34 Fla. L. Weekly Supp. 497, 2009 Fla. LEXIS 1416, 2009 WL 2778107

Supreme Court of Florida | Filed: Sep 3, 2009 | Docket: 1651717

Cited 64 times | Published

mitigation[14] or qualify as mentally retarded under section 921.137, Florida Statutes (2000).[15] To the contrary

Cherry v. State

959 So. 2d 702, 2007 WL 1074931

Supreme Court of Florida | Filed: Apr 12, 2007 | Docket: 528326

Cited 62 times | Published

accordance with the definition set forth in section 921.137(1), Florida Statutes (2002), which provides:

Morris v. State

931 So. 2d 821, 2006 WL 1027108

Supreme Court of Florida | Filed: Apr 20, 2006 | Docket: 426038

Cited 60 times | Published

mentally retarded and his execution would violate section 921.137(2), Florida Statutes (2002); (III) Morris was

Schoenwetter v. State

46 So. 3d 535, 35 Fla. L. Weekly Supp. 409, 2010 Fla. LEXIS 1051, 2010 WL 2605961

Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2399554

Cited 56 times | Published

State, 966 So.2d 319, 326 (Fla. 2007) (quoting § 921.137(1), Fla. Stat. (2005)); see also Hurst v. State

Rodgers v. State

948 So. 2d 655, 2006 WL 3025668

Supreme Court of Florida | Filed: Oct 26, 2006 | Docket: 1773944

Cited 56 times | Published

that Rodgers is not mentally retarded under section 921.137, Florida Statutes (2003). With regard to sentencing

Jones v. State

966 So. 2d 319, 2007 WL 1498940

Supreme Court of Florida | Filed: May 24, 2007 | Docket: 2425209

Cited 33 times | Published

his or her age, cultural group, and community. § 921.137(1), Fla. Stat. (2005) (emphasis added); accord

Lukehart v. State

70 So. 3d 503, 2011 WL 2472801

Supreme Court of Florida | Filed: Jun 23, 2011 | Docket: 2352980

Cited 31 times | Published

imposed on a mentally retarded defendant, section 921.137, Florida Statutes (2001), violates substantive

Hodges v. State

55 So. 3d 515, 35 Fla. L. Weekly Supp. 689, 2010 Fla. LEXIS 2054, 2010 WL 4878858

Supreme Court of Florida | Filed: Dec 2, 2010 | Docket: 2408135

Cited 30 times | Published

jury recommended a death sentence. Based on section 921.137(4), Florida Statutes (2008), defense counsel

Nixon v. State

2 So. 3d 137, 34 Fla. L. Weekly Supp. 44, 2009 Fla. LEXIS 37, 2009 WL 137506

Supreme Court of Florida | Filed: Jan 22, 2009 | Docket: 1644201

Cited 22 times | Published

retarded). Moreover, Nixon contended that section 921.137, Florida Statutes (2002), as interpreted in

Billy Raulerson v. Warden

928 F.3d 987

Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2019 | Docket: 15856311

Cited 21 times | Published

Ariz. Rev. Stat. § 13-753 (2011); Fla. Stat. § 921.137 (2013). Although Colorado, Delaware, and Indiana

Brown v. State

959 So. 2d 146, 2007 WL 1075017

Supreme Court of Florida | Filed: Apr 12, 2007 | Docket: 528352

Cited 20 times | Published

retarded based on the definition provided in section 921.137, and hence the penalty of death must be vacated

Connor v. State

979 So. 2d 852, 2007 WL 3376748

Supreme Court of Florida | Filed: Apr 10, 2008 | Docket: 1407036

Cited 19 times | Published

Florida's statute concerning mental retardation, section 921.137, Florida Statutes (2005), is unconstitutional

In re: Warren Lee Hill, Jr.

777 F.3d 1214, 2015 WL 328099, 2015 U.S. App. LEXIS 1296

Court of Appeals for the Eleventh Circuit | Filed: Jan 26, 2015 | Docket: 2628038

Cited 18 times | Published

age, cultural group, and community. Fla. Stat. § 921.137. To the extent that the Georgia and Florida statutes

Phillips v. State

894 So. 2d 28, 2004 WL 2297824

Supreme Court of Florida | Filed: Oct 14, 2004 | Docket: 1148022

Cited 17 times | Published

was ineffective for failing to argue that section 921.137, Florida Statutes (2001), prohibiting the imposition

Dufour v. State

69 So. 3d 235, 2011 WL 320985

Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258

Cited 16 times | Published

retarded. Moreover, Dufour contended that section 921.137, Florida Statutes (2004), violates both the

Phillips v. State

984 So. 2d 503, 2008 WL 731897

Supreme Court of Florida | Filed: Mar 20, 2008 | Docket: 1323446

Cited 16 times | Published

and section 921.137(1), Florida Statutes (2006). The Florida Legislature enacted section 921.137 in 2001

Trotter v. State

932 So. 2d 1045, 2006 WL 1473678

Supreme Court of Florida | Filed: May 25, 2006 | Docket: 2518517

Cited 15 times | Published

clear and convincing evidence standard of section 921.137(4), Florida Statutes (2001) (prohibiting imposition

Kilgore v. State

55 So. 3d 487, 35 Fla. L. Weekly Supp. 665, 2010 Fla. LEXIS 1976, 2010 WL 4643043

Supreme Court of Florida | Filed: Nov 18, 2010 | Docket: 2408020

Cited 13 times | Published

Florida: In 2001, the Florida Legislature enacted section 921.137, Florida Statutes (2001), which barred the

Bottoson v. State

813 So. 2d 31, 27 Fla. L. Weekly Fed. S 119

Supreme Court of Florida | Filed: Jan 31, 2002 | Docket: 1725809

Cited 13 times | Published

would violate the Eighth Amendment or whether section 921.137, Florida Statutes (2001), dealing with the

Burns v. State

944 So. 2d 234, 2006 WL 3093138

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 121836

Cited 11 times | Published

definition for mental retardation based on section 921.137, Florida Statutes (2000). This Court granted

Diaz v. State

132 So. 3d 93, 2013 WL 6170645

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238589

Cited 10 times | Published

court did not err in denying relief. Under section 921.137(1), Florida Statutes (2009), to prevail on

Snelgrove v. State

107 So. 3d 242, 37 Fla. L. Weekly Supp. 303, 2012 WL 1345485, 2012 Fla. LEXIS 754

Supreme Court of Florida | Filed: Apr 19, 2012 | Docket: 60228645

Cited 9 times | Published

during the period from conception to age 18. See § 921.137(1), Fla. Stat. (2008). As in Doorbal and Wyatt

Bottoson v. Moore

824 So. 2d 115, 2002 WL 1472231

Supreme Court of Florida | Filed: Jul 8, 2002 | Docket: 1729382

Cited 8 times | Published

would violate the Eighth Amendment or whether section 921.137, Florida Statutes (2001), dealing with the

Crook v. State

813 So. 2d 68, 2002 WL 354218

Supreme Court of Florida | Filed: Mar 7, 2002 | Docket: 2518709

Cited 8 times | Published

2001-202, Laws of Florida (2001) (codified at § 921.137, Fla. Stat. (2001)). The law by its express terms

Foster v. State

929 So. 2d 524, 2006 WL 721571

Supreme Court of Florida | Filed: Mar 23, 2006 | Docket: 1421567

Cited 6 times | Published

335 (2002), the Florida Legislature created section 921.137, Florida Statutes (2001), which prohibited

In re: Gary Ray Bowles

935 F.3d 1210

Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2019 | Docket: 16098991

Cited 4 times | Published

executing the intellectually disabled, Fla. Stat. § 921.137, covered only those with "an IQ of 70 or below

Robert Pernell McCloud v. State of Florida

208 So. 3d 668, 41 Fla. L. Weekly Supp. 548, 2016 Fla. LEXIS 2530

Supreme Court of Florida | Filed: Nov 17, 2016 | Docket: 4539952

Cited 4 times | Published

him ineligible for the death penalty under section 921.137, Florida Statutes (2009). As such, the trial

Hall v. State

109 So. 3d 704, 37 Fla. L. Weekly Supp. 773, 2012 WL 6619321, 2012 Fla. LEXIS 2593

Supreme Court of Florida | Filed: Dec 20, 2012 | Docket: 60229785

Cited 4 times | Published

disagree with my esteemed colleagues that section 921.137(1), Florida Statutes (2012), and our caselaw

Dennis T. Glover v. State of Florida

226 So. 3d 795, 42 Fla. L. Weekly Supp. 810, 2017 Fla. LEXIS 1854, 42 Fla. L. Weekly Fed. S 810

Supreme Court of Florida | Filed: Sep 14, 2017 | Docket: 6152184

Cited 3 times | Published

(Fla. 2016); see also: Fla. R. Crim. P. 3.203; § 921.137(1), Fla. Stat. (2013). At the time of Glover’s

In re: John Ruthell Henry

757 F.3d 1151, 2014 WL 2748288, 2014 U.S. App. LEXIS 11398

Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 2014 | Docket: 351397

Cited 3 times | Published

regarding adaptive deficits. 134 S.Ct. at 2001. Under § 921.137 of the Florida Statutes as interpreted by the

Coleman v. State

64 So. 3d 1210, 2011 WL 2149983

Supreme Court of Florida | Filed: Jun 2, 2011 | Docket: 60301353

Cited 3 times | Published

and therefore his execution is forbidden by section 921.137, Florida Statutes (2001), and by Atkins v.

In Re Turner

637 F.3d 1200, 2011 U.S. App. LEXIS 7045, 2011 WL 1238306

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 2011 | Docket: 351475

Cited 3 times | Published

manifestation of the condition before age eighteen. See § 921.137(1), Fla. Stat. (2007). To satisfy the first prong

Frank A. Walls v. State of Florida

213 So. 3d 340, 41 Fla. L. Weekly Supp. 466, 2016 WL 6137287, 2016 Fla. LEXIS 2328

Supreme Court of Florida | Filed: Oct 20, 2016 | Docket: 4481082

Cited 2 times | Published

during the period from conception to age 18.” § 921.137(1), Fla. Stat. (2006). This requirement of juvenile

Kilgore v. Secretary, Florida Department of Corrections

805 F.3d 1301, 2015 U.S. App. LEXIS 19942, 2015 WL 7175659

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2015 | Docket: 3012920

Cited 2 times | Published

intellectual disability test. See Fla. Stat. § 921.137(1) (2007); Fla. R.Crim. P. 3.203(b). *1308

State v. Herring

76 So. 3d 891, 36 Fla. L. Weekly Supp. 585, 2011 Fla. LEXIS 2355, 2011 WL 4596686

Supreme Court of Florida | Filed: Oct 6, 2011 | Docket: 60304597

Cited 2 times | Published

in Atkins, the Florida Legislature enacted section 921.137, Florida Statutes, in 2001. This statute exempts

Ronnie Keith Williams v. State of Florida

226 So. 3d 758, 42 Fla. L. Weekly Supp. 706, 2017 WL 2806711, 2017 Fla. LEXIS 1432

Supreme Court of Florida | Filed: Jun 29, 2017 | Docket: 6082143

Cited 1 times | Published

S. -, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016); § 921.137(1), Fla. Stat. The defendant has the burden to

& SC16-1090 Michael Duane Zack, III v. State of Florida and Michael Duane Zack, III v. Julie L. Jones, etc.

228 So. 3d 41

Supreme Court of Florida | Filed: Jun 15, 2017 | Docket: 6074673

Cited 1 times | Published

behavior, and (3) manifesting prior to age 18. § 921.137, Fla. Stat. (2016); Fla. R. Crim. P. 3.203. Hall

Freddie Lee Hall v. State of Florida

201 So. 3d 628, 41 Fla. L. Weekly Supp. 372, 2016 Fla. LEXIS 1994

Supreme Court of Florida | Filed: Sep 8, 2016 | Docket: 4420161

Cited 1 times | Published

motion, holding that our interpretation of section 921.137(1), Florida Statutes, in Cherry v. State, 959

Arthur James Martin v. State of Florida

151 So. 3d 1184, 39 Fla. L. Weekly Supp. 577, 2014 Fla. LEXIS 2856, 2014 WL 4724564

Supreme Court of Florida | Filed: Sep 24, 2014 | Docket: 1332914

Cited 1 times | Published

with the term "intellectual disability.” See § 921.137, Fla. Stat. (2013). . In 1992, Martin scored

Timothy Lee Hurst v. State of Florida

147 So. 3d 435, 39 Fla. L. Weekly Supp. 293, 2014 Fla. LEXIS 1461, 2014 WL 1698370

Supreme Court of Florida | Filed: May 1, 2014 | Docket: 796062

Cited 1 times | Published

Nixon v. State, 2 So.3d 137, 142 (Fla.2009); § 921.137(1), Fla. Stat. (2012). The burden is on the defendant

Jones v. McNeil

776 F. Supp. 2d 1323, 2011 WL 845884

District Court, S.D. Florida | Filed: Mar 7, 2011 | Docket: 2342453

Cited 1 times | Published

"the Florida Supreme Court's construction of Section 921.137(2) violates fundamental principles of due process

Thompson v. State

3 So. 3d 1237, 34 Fla. L. Weekly Supp. 264, 2009 Fla. LEXIS 270, 2009 WL 486187

Supreme Court of Florida | Filed: Feb 27, 2009 | Docket: 60289130

Cited 1 times | Published

State, [959 So.2d 702 (Fla. 2007)]. See also section 921.137(1), Fla. State.; Fla.R.Crim.P. 3.203(c) (e)

William Lee Thompson v. Sec. for the Dept. of Corr

425 F.3d 1364

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 2003 | Docket: 397580

Cited 1 times | Published

execution of mentally retarded people. Fla. Stat. § 921.137 (2001). That statute was enacted only one day

Michael Duane Zack, III v. State of Florida

Supreme Court of Florida | Filed: Sep 21, 2023 | Docket: 67815057

Published

was decided, the Florida Legislature created section 921.137, Florida Statutes (2001), which prohibited

Frank A. Walls v. State of Florida

Supreme Court of Florida | Filed: Feb 16, 2023 | Docket: 66818415

Published

that he was intellectually disabled under section 921.137, Florida Statutes (2021). Walls now appeals

Michael A. Gordon v. State of Florida

Supreme Court of Florida | Filed: Sep 1, 2022 | Docket: 64942135

Published

(3) that shall have manifested before age 18. § 921.137(1) Fla. Stat. (2013).

William Lee Thompson v. State of Florida

Supreme Court of Florida | Filed: Mar 31, 2022 | Docket: 63202476

Published

See Cherry, 959 So. 2d at 711 (interpreting section 921.137(1), Florida Statutes (2002), as requiring a

O.H. v. AGENCY FOR PERSONS WITH DISABILITIES

District Court of Appeal of Florida | Filed: Nov 24, 2021 | Docket: 61574095

Published

to age [eighteen].” 572 U.S. at 711 (quoting § 921.137(1), Fla. Stat. (2013)). Like the instant provisions

Joe Elton Nixon v. State of Florida

Supreme Court of Florida | Filed: Aug 26, 2021 | Docket: 60314056

Published

Weekly S177, S178 (Fla. June 17, 2021); see also § 921.137, Fla. Stat. (2019); Fla. R. Crim. P. 3.203. “[S]ignificantly

Jerry Leon Haliburton v. State of Florida

Supreme Court of Florida | Filed: Jun 17, 2021 | Docket: 59992785

Published

Florida Rule of Criminal Procedure 3.203 and section 921.137, Florida Statutes (2019), and his amended

Harry Franklin Phillips v. State of Florida

Supreme Court of Florida | Filed: May 21, 2020 | Docket: 17182545

Published

during the period from conception to age 18.” § 921.137(1), Fla. Stat. (2017). “Significantly subaverage

Leonardo Franqui v. State of Florida

Supreme Court of Florida | Filed: May 7, 2020 | Docket: 17136866

Published

manifestation of the condition before age eighteen. § 921.137(1), Fla. Stat. (2017). Subaverage intellectual

Jermaine Foster v. State of Florida

260 So. 3d 174

Supreme Court of Florida | Filed: Dec 28, 2018 | Docket: 8498559

Published

that was already in effect at that time, see § 921.137, Fla. Stat. (2001), and the standard had been

Tavares J. Wright v. State of Florida

Supreme Court of Florida | Filed: Nov 1, 2018 | Docket: 8119862

Published

321 (2002); see also § 921.137(2), Fla. Stat. (2017). In Florida, section 921.137, Florida Statutes,

Tavares J. Wright v. State of Florida

256 So. 3d 766

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943249

Published

see also § 921.137(2), Fla. Stat. (2017). In Florida, section 921.137, Florida Statutes, defines

Kenneth Darcell Quince v. State of Florida

241 So. 3d 58

Supreme Court of Florida | Filed: Apr 12, 2018 | Docket: 6361526

Published

Florida Rule of Criminal Procedure 3.203 and section 921.137, Florida Statutes (2015). We have jurisdiction

Kenneth Darcell Quince v. State of Florida

Supreme Court of Florida | Filed: Jan 18, 2018 | Docket: 6262018

Published

Florida Rule of Criminal Procedure 3.203 and section 921.137, Florida Statutes (2015). We have jurisdiction

State of Florida v. Raymond Morrison, Jr.

236 So. 3d 204

Supreme Court of Florida | Filed: Nov 16, 2017 | Docket: 6224791

Published

Court held that Florida's interpretation of section 921.137(1), Florida Statutes (2013), as establishing

Victor Tony Jones v. State of Florida

Supreme Court of Florida | Filed: Sep 28, 2017 | Docket: 6159895

Published

during the period from conception to age 18.” § 921.137(1), Fla. Stat. (2015). “Significantly subaverage

Sonny Boy Oats, Jr. v. Julie L. Jones, etc.

220 So. 3d 1127, 42 Fla. L. Weekly Supp. 616, 2017 WL 2291288, 2017 Fla. LEXIS 1154

Supreme Court of Florida | Filed: May 25, 2017 | Docket: 6065953

Published

2001, before Atkins, the Legislature enacted section 921.137, Florida Statutes, barring the execution of

& SC16-124 David Beasher Snelgrove v. State of Florida and David Beasher Snelgrove v. Julie L. Jones, etc.

217 So. 3d 992

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060827

Published

Phillips’s IQ scores exceed that required under section 921.137. Moreover, the court questioned the validity

Frank A. Walls v. State of Florida – Corrected Opinion

Supreme Court of Florida | Filed: May 4, 2017 | Docket: 6058576

Published

prior to age 18. Fla. R. Crim. P. 3.203; see also § 921.137, Fla. Stat. (2006). 4. Walls’ IQ scores

& SC16-6 John Lee Hampton v. State of Florida and John Lee Hampton v. Julie L. Jones, etc.

219 So. 3d 760

Supreme Court of Florida | Filed: May 4, 2017 | Docket: 6058577

Published

manifestation of the condition prior to age eighteen. § 921.137(1), Fla. Stat. (2016). Significantly sub-average

Tavares J. WRIGHT, Appellant, v. STATE of Florida, Appellee

213 So. 3d 881, 42 Fla. L. Weekly Supp. 343, 2017 Fla. LEXIS 586

Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618307

Published

... or qualify as mentally retarded under section 921.137, Florida Statutes (2000).... To the contrary

& SC15-1630 Leonardo Franqui v. State of Florida & Leonardo Franqui v. State of Florida

211 So. 3d 1026

Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574081

Published

her age, cultural group, and community. § 921.137(1), Fla. Stat. (2009). Based upon this language

Eric Lee Simmons v. State of Florida

207 So. 3d 860, 41 Fla. L. Weekly Supp. 622, 2016 Fla. LEXIS 2719

Supreme Court of Florida | Filed: Dec 22, 2016 | Docket: 4556947

Published

childhood; and being a loving father. . Section 921.137(1), Florida Statutes (2014), provides generally

Tavares J. Wright v. State of Florida

Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544119

Published

. . or qualify as mentally retarded under section 921.137, Florida Statutes (2000). . . . To

William Thompson v. State of Florida

208 So. 3d 49, 41 Fla. L. Weekly Supp. 510, 2016 Fla. LEXIS 2489

Supreme Court of Florida | Filed: Nov 10, 2016 | Docket: 4487512

Published

intellectually disabled and exempt from execution. See § 921.137, Fla. Stat. (2001); Fla. R. Crim. P. 3.203. The

& SC14-887 Neil K. Salazar v. State of Florida and Neil K. Salazar v. Julie L. Jones, etc.

188 So. 3d 799, 2016 WL 636103

Supreme Court of Florida | Filed: Feb 18, 2016 | Docket: 3037342

Published

Franqui v. State, 59 So.3d 82, 92 (Fla.2011); § 921.137(4), Fla. Stat. If the defendant fails to prove

Sonny Boy Oats, Jr. v. State of Florida

181 So. 3d 457, 40 Fla. L. Weekly Supp. 705, 2015 Fla. LEXIS 2811, 2015 WL 9169766

Supreme Court of Florida | Filed: Dec 17, 2015 | Docket: 3022129

Published

determining an intellectual disability. See § 921.137, Fla. Stat. (2015). in support, the circuit éourt

Dean Kilgore v. Secretary, FL DOC

Court of Appeals for the Eleventh Circuit | Filed: Nov 16, 2015 | Docket: 3013548

Published

period from conception to age 18.” See Fla. Stat. § 921.137(1). The statute further defines “significantly

Arbelaez v. Crews

43 F. Supp. 3d 1271, 2014 U.S. Dist. LEXIS 115838, 2014 WL 4146884

District Court, S.D. Florida | Filed: Aug 20, 2014 | Docket: 64297017

Published

deficits in adaptive behavior as required by section 921.137(1), Florida Statutes (2004), and Florida Rule

John Ruthell Henry v. State of Florida

141 So. 3d 557, 39 Fla. L. Weekly Supp. 411, 2014 WL 2609114, 2014 Fla. LEXIS 1886

Supreme Court of Florida | Filed: Jun 12, 2014 | Docket: 59105

Published

he is intellectually disabled. See § 921.137, Fla. Stat. (2013); Fla. R.Crim. P. 3.203. He

Amendments to Florida Rules of Criminal Procedure & Florida Rules of Appellate Procedure

875 So. 2d 563, 29 Fla. L. Weekly Supp. 247, 2004 Fla. LEXIS 675, 2004 WL 1119477

Supreme Court of Florida | Filed: May 20, 2004 | Docket: 64831082

Published

which was decided after the enactment of section 921.137, Florida Statutes, the United States Supreme

Amendments to the Florida Rules of Criminal Procedure

842 So. 2d 110, 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 260, 2003 WL 548353

Supreme Court of Florida | Filed: Feb 27, 2003 | Docket: 64821970

Published

of the death penalty under recently enacted section 921.137, Florida Statutes (2001). See ch.2001-202,

Thompson v. Secretary for the Department of Corrections

320 F.3d 1228, 2003 U.S. App. LEXIS 2089, 2003 WL 253356

Court of Appeals for the Eleventh Circuit | Filed: Feb 6, 2003 | Docket: 65655196

Published

execution of mentally retarded people. Fla. Stat. § 921.137 (2001). That, statute was enacted only one day