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LENZ v. WARDEN OF THE SUSSEX I STATE PRISON

Record No. 012883.

593 S.E.2d 292 (2004)

267 Va. 318

Michael W. LENZ v. WARDEN OF THE SUSSEX I STATE PRISON.

Supreme Court of Virginia.

March 5, 2004.

Attorney(s) appearing for the Case

Jennifer L. Givens, for petitioner.

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

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

LACY, Justice.

In this case we granted a rehearing to the Warden to consider whether trial counsel were ineffective because they did not object to the verdict form given to the jury in the sentencing phase of petitioner's capital murder trial. The Warden argues that the verdict form the jury considered was proper under this Court's holding in Atkins v. Commonwealth, 257 Va. 160, 178, 510 S.E.2d 445

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