Atkins v. Virginia Case Brief - Atkins vs. Virginia 536...

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Atkins vs. Virginia 536 U.S. 304 (2002) Joshua Essy CLJ 111 Section 001
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Facts : “Petitioner Atkins was convicted of capital murder and related crimes by a Virginia jury and sentenced to death, but the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form. 257 Va. 160, 510 S. E. 2d 445 (1999). At the resentencing, Dr. Nelson again testified. The State presented an expert rebuttal witness, Dr. Stanton Samenow, who expressed the opinion that Atkins was not mentally retarded, but rather was of "average intelligence, at least," and diagnosable as having antisocial personality disorder. App. 476. The jury again sentenced Atkins to death. The Supreme Court of Virginia affirmed the imposition of the death penalty. 260 Va. 375, 385, 534 S. E. 2d 312, 318 (2000). Atkins did not argue before the Virginia Supreme Court that his sentence was disproportionate to penalties imposed for similar crimes in Virginia, but he did contend "that he is mentally retarded and thus cannot be sentenced to death." Id., at 386, 534
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This note was uploaded on 03/18/2008 for the course CLJ 111 taught by Professor Texidor,joseluis during the Fall '07 term at Pennsylvania State University, University Park.

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Atkins v. Virginia Case Brief - Atkins vs. Virginia 536...

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