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Home / Opinion Digests / Criminal – Death Penalty – Mental Retardation – Competency – Collateral Proceeding (access required)

Criminal – Death Penalty – Mental Retardation – Competency – Collateral Proceeding (access required)

A death-row defendant whose case was remanded for a determination of mental retardation pursuant to Va. Code § 8.01-654.2 is entitled to have the circuit court determine his competency, the Supreme Court of Virginia says, regardless of whether the question of mental retardation was raised on a direct criminal appeal or on a collateral post-conviction ...