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BURNS v. WARDEN OF SUSSEX I STATE PRISON

Record No. 020971.

609 S.E.2d 608 (2005)

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

Supreme Court of Virginia.

March 11, 2005.

On October 28, 2003, we entered an order dismissing Burns' petition for a writ of habeas corpus except for that portion of the petition asserting that he was not eligible for the death penalty because he was mentally retarded. We concluded that Burns' claim of mental retardation was not frivolous and, pursuant to Code § 8.01-654.2, remanded the matter to the Circuit Court of Shenandoah County for a jury determination of that...

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