Darick Demorris WALKER, Petitioner-Appellant,
v.
Loretta K. KELLY, Warden, Sussex I State Prison, Respondent-Appellee.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: September 22, 2009.
Decided: January 27, 2010.
Attorney(s) appearing for the Case
ARGUED: Jody Manier Kris, Wilmerhale, Washington, D.C., for Appellant. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF: Amy Oberdorfer Nyberg, Susan S. Friedman, Jeremy D. Dresner, Wilmerhale, Washington, D.C., for Appellant. Robert F. McDonnell, Attorney General of Virginia, Jerry P. Slonaker, Senior Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
Affirmed by published opinion. Judge SHEDD wrote the opinion, in which Chief Judge TRAXLER joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.
United States Court of Appeals, Fourth Circuit.
OPINION
SHEDD, Circuit Judge:
In Atkins v. Virginia,536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons. Relying on Atkins, Virginia capital inmate Darick Demorris Walker filed a petition for federal habeas corpus relief seeking to prevent his execution. Finding...
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