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WALTON v. JOHNSON

No. CIV.A. 7:03CV00347.

269 F.Supp.2d 692 (2003)

Percy Levar WALTON, Petitioner, v. Gene JOHNSON, Director Virginia Department of Corrections, Respondent.

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

July 2, 2003.

Attorney(s) appearing for the Case

Jennifer L. Givens, Virginia Capital Representation Resource Center, Charlottesville, VA, for Petitioner.

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

MEMORANDUM OPINION

WILSON, Chief Judge.

This is an authorized successive petition by Percy Levar Walton for a writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in which Walton maintains that his sentence of death for three counts of capital murder would be cruel and unusual punishment because he is mentally retarded and because he is incompetent. The court finds that Walton is not mentally...

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