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Criminal Law

: Sentencing Law and Policy

Fourth Circuit panels spliting over Atkins claims from Virginia

By Douglas A. Berman

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The Fourth Circuit has a pair of lengthy rulings today involving two different panels providing two different discussions of two Virginia death row defendants' claims that the Supreme Court's Atkins ruling precludes their executions: Winston v. Kelly, No. 09-2 (4th Cir. Jan. 27, 2010) (available here) Walker v. Kelly, No. 06-23 (4th Cir. Jan. 27, 2010) (available here) Though the legal issues in these cases are similar, perhaps the most notable similarity is the fact that the only member of both panels, Judge Gregory, wrote a separate opinion concurring in part and dissenting in part in both cases.

Full post as published by Sentencing Law and Policy on January 27, 2010 (boomark / email).

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