Supporters claim that Noel's IQ was measured at 69, which is below the standard benchmark of 70 for determining mental retardation. In 2002, the U.S. Supreme Court banned the execution of people with mental retardation in Atkins v. Virginia, ruling that the practice constitutes cruel and unusual punishment. However, Court records show that Noel's most recent tests placed his score at 80. His defense lawyers argued that, despite tests showing an IQ of 80, Noel had a brain disorder and that executing him would have violated a U.S. Supreme Court directive.