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BURNS v. WARDEN OF SUSSEX I STATE PRISON

Record No. 020971.

597 S.E.2d 195 (2004)

268 Va. 1

William Joseph BURNS, Petitioner, v. WARDEN OF THE SUSSEX I STATE PRISON, Respondent.

Supreme Court of Virginia.

June 10, 2004.

Upon a Petition for a Writ of Habeas Corpus Upon a Rehearing.

In our initial consideration of Burns' petition for a writ of habeas corpus, we held that his claim of mental retardation was not frivolous. On October 28, 2003, we entered an order granting a portion of Burns' petition for a writ of habeas corpus and remanding the matter to the Circuit Court of Shenandoah County for a jury determination of Burns' mental retardation claim. We dismissed the remainder of...

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