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ATKINS v. COM.

Record No. 000395.

534 S.E.2d 312 (2000)

Daryl Renard ATKINS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 15, 2000.

Attorney(s) appearing for the Case

Bryan L. Saunders, Newport News; George M. Rogers, III, Washington, DC, for appellant.

Pamela A. Rumpz, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: All the Justices.

KINSER, Justice.

Daryl Renard Atkins was convicted in the Circuit Court of York County of the 1996 capital murder of Eric Michael Nesbitt and sentenced to death. On appeal, we affirmed his conviction, Atkins v. Commonwealth, 257 Va. 160, 180, 510 S.E.2d 445, 457 (1999), but remanded the case to the circuit court for a new penalty proceeding due to an improper jury sentencing verdict form, ...

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