In Sarmina's courtroom, Bracey's lawyers pointed to a recent IQ test as proof that he is impaired. The test, given by a defense expert in preparation for the appeal, showed that Bracey's score had plummeted substantially from previous tests.
"It doesn't take a genius to figure it out," Pat Boyle said. "Who would give their best effort on a test if it's going to lead to your execution or life on death row?"
As noted previously on this blog, an IQ test subject can fake low, but he can't fake high. Given varying scores and an incentive to malinger at the time of the low scores, the high scores are more credible. Will this be enough for a higher court to reverse? Tough to get a reversal on a factual finding, but the DA is taking it up.
Update: Marcia Coyle has this story on the Hall case in the National Law Journal (registration required).