[lelio]

In other words, Atkins avoids his capital sentence if he is at least smart enough to know how to fail an IQ test.
While I don't have much faith in the psychiatric community, I think they might employ different methods than a simple IQ test in this case.
Plus you can look at past history to determine retardness -- if he's normal up until he gets caught then he isn't retarded. There's nothing in the SC ruling that says how to determine retardedness.

[marron]

While I don't have much faith in the psychiatric community,

The point is, before this ruling, your fate was up to a jury of your peers, and the relative skill of your attorney. Now, your fate depends on the judgement of a court appointed psychologist, who may or may not be gullible, may or may not be willing to game the system to avoid signing someone's death warrant. May or may not be willing to stand up to accusations of bias or heartlessness.

In fact, where do you go to find a psychologist who is willing to sign a death warrant?