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Home / Opinion Digests / Criminal – Habeas Corpus – Va. Death Penalty – Atkins (access required)

Criminal – Habeas Corpus – Va. Death Penalty – Atkins (access required)

The 4th Circuit rejects a Virginia death-row defendant’s petition seeking habeas relief on the ground that he is mentally retarded under Virginia law, as record evidence supports the district court determination. In Atkins v. Virginia, 536 U.S. 304 (2002), the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons. Relying on ...