Donald William Dufour, Appellant v. State of Florida, Appellee

Summary

The Supreme Court of Florida affirmed the post‑conviction court's order that Donald William Dufour is not mentally retarded for purposes of the death penalty, finding he failed to prove the statutory IQ and adaptive‑behavior prongs; the Court noted a legal error in applying the standard error of measurement to the IQ score but held the error was not fatal to the result. Justice Pariente, in a concurring‑in‑part/dissenting‑in‑part opinion, argued that the trial court erred on both prongs and urged remand.