Criminal – Habeas Corpus – Va. Death Case – Atkins – New Test Evidence

By Deborah Elkins
Published: February 8, 2010

Tags: 4th U.S. Circuit Court of Appeals, Criminal, Judge M. Blane Michael

A death-row defendant’s lawyers for both his state and federal habeas applications did not find records of a test score relevant to proving defendant’s mental retardation under Atkins until two weeks before the evidentiary hearing held by the district court, and the 4th Circuit says the district court erred in refusing to consider this evidence. Leon ...

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