Peo v Sup Ct of Tulare Co (Vidal, real party in interest) (CA App 5th 2005).

CA's 5th Appellate Ct agreed that, in this Atkins case, the FSIQ was a better measure of general intelligence than any of the subindexes, thus disagreeing with the "parts scores" argument. The court also noted the primacy of scores obtained prior to age 18. Adaptive functioning testing should consider cultural factors, willfulness, and informers' bias'. (But, see Vidal '07: The Supreme court held that the Appellate court could not establish such a rule.) (Editor's abstract)

pdf version of opinion