in adkins vs. virginia this court held the constitution bars executing persons with mental retardation, persons with significantly sub average intellectual function concurrent with deficits and adapted behavior with an aunt said before the age of 18. because of the standard error of measurement inherent in iq tests it is universally accepted that persons with scores of 71-75 can and often do have mental retardation when those three prongs are net. this statistical error of measurement -- >> a line has to be drawn somewhere. we did say in atkins we would leave it up to the states to determine the standards for this issue so what is the tool we announce today? of 70 is not okay but 75 would be? >> let me first take some issue with all due respect in your characterization of adkins. what this court said in adkins is not the we leave it to the states to establish the standards for the clinical condition of mental retardation. what you said quoting ford is we leave it to the states the task of developin

adkins reportedly has a net worth of over $16 million. >>> l'wren scott left her entire state to mickther for 12 years. her estimated value of her estate is $9 million. >>> bill cosby stopped by the tonight show last night to show off his daredevil side. watch this. >> you're going to try to tight rope walk. we put a piece of tape on a studio floor. and this has never been done before. you're going to tight rope walk across the floor. >> now, you -- >> here we go. here we go. are we there yet? >> i think jimmy is 230. >> no, no. he's not heavy, but not small either. >> bill cosby, 76 years old, my friends. he's still looking strong. >> 76, i would have crumbled. >> that's right. we're much younger, we would have trouble. >>> i'm richard lui this is "early today." we hope it is first top of the day here on nbc. don't try that at home, by the way. [ male announcer ] let the rich robust flavor and irresistible aroma of nescafe clasico stir what's inside of you. ♪ [ engine revving ] [ tires screech ] ♪ [ male announcer ] that was bold. real bold. ♪ we need a new recipe. let us consult the

the person does not qualify under adkins.tandardould not be a that i would endorse, but i in light of the consensus test that all professional organizations apply , which was recognized in atkins, a score that is above the standard error of for deviations above the mean would be ok. the point from congress that seems not to be true is that we know for a fact that many, many people who obtain test scores of 71 to 75 in fact have mental retardation. thismay just point out in case that there were six experts who fully examined mr. hall or supervise the full examination cognizantl, they were of the iq test scores that he had received. , withoutof them opined hesitation, that he had mental retardation, functional mental retardation. >> but they did make a finding that he did not show adaptive behavior. if that was so, all of those experts that you referred to were speaking retrospectively to non-evidence as to the defendant's current condition. >> that is correct, justice ginsburg. the state trial court ruled that it would not acc

san diego democrat tony adkins will become the first lesbian to lead the assembly.also become the first woman from san diego to hold the post. adkins was elected to the assembly four years ago after serving eight years on the san diego city council. she's expected to be sworn in later this spring replacing john perez. >>> a light earthquake rattled parts of los angeles today. >> oh my goodness. that's an earthquake. >> yeah. >> and that's a big one. >> reporter: as you can see it caught this news crew off guard at our sister station. it struck around 3:30 this morning. you can hear it as the quake shook the cameras. meanwhile at ktla the anchors dove under the desks to protect themselves. >>> we've got temperatures today they were in the 60s and 70s. much cooler than they were 24 hours ago. we had numbers yesterday in the 80s. today we were a good 10 to 15 degrees cooler. 71 in santa rosa. nice day though. it was windy. a lot of winds. more winds tomorrow. should produce slightly warmer daytime highs. if jet stream is doing this. it's going right over the top. no ra

san diego democrat tony adkins will become the first lesbian to lead the assembly.the first woman from san diego to hold the post. adkins was elected to the assembly four years ago after serving eight years on the san diego city council. she's expected to be sworn in later this spring replacing john perez. >>> a light earthquake rattled parts of los angeles today. >> oh my goodness. that's an earthquake. >> yeah. >> and that's a big one. >> reporter: as you can see it caught this news crew off guard at our sister station. it struck around 3:30 this morning. you can hear it as the quake shook the cameras. meanwhile at ktla the anchors dove under the desks to protect themselves. >>> we've got temperatures today they were in the 60s and 70s. much cooler than they were 24 hours ago. we had numbers yesterday in the 80s. today we were a good 10 to 15 degrees cooler. 71 in santa rosa. nice day though. it was windy. a lot of winds. more winds tomorrow. should produce slightly warmer daytime highs. if jet stream is doing this. it's going right over the top. no rain, anything

trace adkins, good friend of our show. we like trace a lot. his wife, wanda, filed for divorce. there was speculation there has been some problems. they're not calling it a conscious uncoupling. >> they're just splitting. >> married 16 years, three beautiful daughters. remember the fire and the whole -- the whole thing was destroyed and they -- well, they built again and they i think had some problems but worked at it. so we're sorry about that. >> he had some substance abuse issues he was dealing with and he entered rehab in january. and i think you guys might remember they were on a cruise and there was some trace adkins impersonator and he got into a fight with him. anyway -- >> we're sorry about that. we just hope those women don't get into any kind of an altercation on their reality show. >> you never know. >> don't go on a cruise ship. >> here is -- >> i thought i'd never say those words. unless it's carnival. >> here you go. here's an experiment. this is one of those great social experiments. they did this in germany. they had a guy who was walking through sort of a city

authorities say adkins got angry when another vehicle cut him off and forced him onto the shoulder of the roadway. they claimed he sped up to the other car and told his wife to put down the window and lean back. >> the bullet hit the other vehicle but the driver was not her. the person was seriously injured after falling on to the blue line tracks. it happened at the california station around 730. the chicago fire department spokesman said the victim was not hit by a train but was in serious to critical condition when taken to the medical center. expected to start disciplinary proceedings against the train operator involved in the blue line crash. pending the outcome of an investigation. this is video from you to the police to be from a security camera although they have not confirmed the videos authenticity. the driver told ntsb that she dozed off before the crash. the operator did not tell them that she was asleep in february only that she closed her eyes for a moment and overshot a station platform. a spokesman said if the agency had known she dozed off there would have been strong

adkins struggled with alcohol in the past and got into a fight with an impersonator on a cruise ship. >> the time is 12 minutes after the top of the hour. coming up forget the extended sign up deadline. there is a much bigger problem on the obamacare web site. ♪ >> we are wearing from the heart broke family of the in the naval shooting. >> i miss my baby. i want my baby. i want him home. >> 24-year-old mark mayo was shot and killed by a man trying to get to one of the destroyer ships on the base. mayo was a military policeman who served in the navy since 2007. his family says he will be buried in arlington national cemetery. the man who shot him was also killed. >> could there be more guns than airports? they are calling for more armed police officers to help keep tsa agents safe. this following the shooting death of tsa officer gerardo fernandez in november of last year. better ways to protect their personnel. the agents are not considered law enforcement they are not allowed to carry guns. he has pleaded not guilty to 11 charges stemming from that attack. >> cars, they come and go b

. >> there is some -- trace adkins, he's a friend of the show.y're just splitting. married 16 years, three beautiful daughters. remember the fire and the whole -- the whole thing was destroyed and they -- well, they built again and they i think had some problems but worked at it. >> he had some substance abuse issues he was dealing with and i think you might remember they were on a cruise and some trace adkin impersonator and he got into a fight with them. anyway it was -- >> we're sorry about that. >> we hope those women don't get in any kind of an altercation on their reality show. >> you never know. >> don't go on a cruise ship. >> here is -- >> i never thought i would say those words. unless it's carnival. >> here you go. here is an experiment, one of those great social experiments, did this in germany. a guy was walking through a city square and dropped his wallet. >> over 50 times. >> 50 times. >> he wanted to see what people would do, pick it up, give it back to him. we're going to watch. guess how many people returned it? this is -- so 43

confidence level and particularly important here because the constitutional guarantee announced in adkins is against the execution of persons with mental retardation. >> to the last point before your time expires because i do think this is important. is there another way of proving liability? multiple tests, suppose someone is giving 25 tests and 24 times the person's coor's 76. one time the person score 72. what would you do? how would you deal with that in a state that as our car cut off? >> this is the last point that i wanted to get to. i think before my time runs out i just want to point you to page 10-foot of three of our reply brief which sites the ice for an book of clinical diagnosis. we have given you the pages. on those pages explains why we have a situation of somebody takes more than one test the appropriate determinant is very much not the average but what is called the composite score. and the composite score is different and, in fact, the people below the mean, below the average because you have to take into account the fact that regression toward the mean and the fact tha