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BURNS v. COM.

Record No. 090863.

688 S.E.2d 263 (2010)

William Joseph BURNS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 15, 2010.

Attorney(s) appearing for the Case

James G. Connell III (Jonathan P. Sheldon; Devine, Connell, Sheldon & Flood, on briefs), for appellant.

Katherine B. Burnett, Senior Assistant Attorney General; (William C. Mims, Attorney General; Jerry P. Slonaker, Senior Assistant Attorney General; Paul B. Ebert, Commonwealth's Attorney; James A. Willett, Assistant Commonwealth's Attorney, on brief), for appellee.

Amici Curiae: National Association for the Dually Diagnosed; ARC of Virginia (George A. Somerville; Troutman Sanders, Richmond, on brief), in support of appellant.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and GOODWYN, JJ., and RUSSELL, S.J.

OPINION BY Justice S. BERNARD GOODWYN.

In this appeal we consider whether the circuit court erred in granting summary judgment to the Commonwealth in a proceeding remanded to the circuit court, pursuant to Code § 8.01-654.2, for determination of a claim of mental retardation by a person sentenced to death for a capital offense.

Background and Material Proceedings Below

The Circuit Court of Shenandoah County convicted Burns of capital murder...

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