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

Summary

The Florida Supreme Court affirmed the circuit court's determination that Donald William Dufour is not mentally retarded and therefore remains subject to his death sentence. The Court held that Dufour failed to meet the statutory IQ and adaptive behavior prongs under Rule 3.203 and section 921.137, and that the circuit court's error in applying the standard error of measurement to the IQ score was not harmless but did not alter the outcome. Justice Pariente, in a partial concurrence/dissent, argued that the errors require remand.