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WALTON v. JOHNSON

No. 04-19.

407 F.3d 285 (2005)

Percy Levar WALTON, Petitioner-Appellant, v. Gene M. JOHNSON, Director, Virginia Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: April 28, 2005.

Attorney(s) appearing for the Case

ARGUED: Jennifer Leigh Givens, Virginia Capital Representation Resource Center, Charlottesville, Virginia, for Appellant. Robert Quentin Harris, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: F. Nash Bilisoly, Vandeventer Black, L.L.P., Norfolk, Virginia, for Appellant. Jerry W. Kilgore, Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before WILKINS, Chief Judge, and MOTZ and SHEDD, Circuit Judges.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge WILKINS joined. Judge SHEDD wrote a dissenting opinion.

DIANA GRIBBON MOTZ, Circuit Judge:

Percy Levar Walton appeals the denial of his second federal habeas petition, contending that his execution would violate the Eighth Amendment. Specifically, he asserts that to execute him would violate both the prohibition against execution of the insane, see Ford v. Wainwright...

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