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AKERS EX REL. LEE v. ANGELONE

No. CIV. A.7:01-CV-00141.

147 F.Supp.2d 447 (2001)

Thomas Wayne AKERS, by appointed counsel, Robert LEE, as next friend, Petitioner, v. Ron ANGELONE, Director, Virginia Department of Corrections, Respondent.

United States District Court, W.D. Virginia. Roanoke Division.

March 1, 2001.

Attorney(s) appearing for the Case

Robert Edward Lee, Jr., Marie Frances Donnelly, Charlottesville, VA, for Petitioner.

Robert Q. Harris, Office of Attorney General, Richmond, VA, for Respondent.

MEMORANDUM OPINION

WILSON, Chief Judge.

Thomas W. Akers is scheduled to die tonight for murdering Wesley B. Smith. By all accounts, including his own, the murder was extraordinarily vile and cruel, and by all accounts Akers is poised to kill again if the opportunity arises.1 At every stage since his apprehension, Akers has plainly and clearly expressed his desire to die rather than spend the rest of his life in prison...

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