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JOHNSON v. COM.

Record No. 031306.

591 S.E.2d 47 (2004)

267 Va. 53

Shermaine A. JOHNSON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 16, 2004.

Attorney(s) appearing for the Case

William P. Irwin, V (Cary B. Bowen, Bowen, Champlin, Carr & Rockecharlie, Richmond, on brief), for appellant.

Katherine P. Baldwin, Senior Asst. Atty. Gen. (Jerry W. Kilgore, Atty. Gen., on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, Senior Justice.

OPINION BY JUSTICE BARBARA MILANO KEENAN.

In this appeal of a judgment confirming a death sentence imposed in a resentencing proceeding in a capital murder case, we consider a range of issues including the question whether the trial court erred in refusing to impose a life sentence pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (Atkins III). We also consider the constitutionality of...

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