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ATKINS v. COM.

Record No. 000395.

581 S.E.2d 514 (2003)

266 Va. 73

Daryl Renard ATKINS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 6, 2003.

Attorney(s) appearing for the Case

Robert Lee (Mark E. Olive; James W. Ellis, on brief), for appellant.

Robert Q. Harris, Senior Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Amicus Curiae: The Arc of Virginia (F. Nash Bilisoly, Norfolk; Vandeventer Black, on brief), in suport of appellant.

Present: HASSELL, C.J., and LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ. and CARRICO, S.J.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Opinion by Justice CYNTHIA D. KINSER.

This capital murder case is presently before this Court on remand from the Supreme Court of the United States. Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (Atkins III). The Supreme Court reversed this Court's judgment in Atkins v. Commonwealth, 260 Va. 375, 534...

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