United States Fourth Circuit

District court's denial of defendant's petition for habeas relief seeking to prevent his execution is affirmed where: 1) the district court did not clearly err in denying defendant's Atkins claim; and 2) the district court did not err by refusing to empanel a jury to determine defendant's mental retardation claim.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.