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WALTON v. JOHNSON

No. CIV.A.7:03 CV 00347.

318 F.Supp.2d 345 (2004)

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

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

Order Denying Misc. Relief May 25, 2004.

Attorney(s) appearing for the Case

Jennifer L. Givens, Charlottesville, VA, for Petitioner.

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

MEMORANDUM OPINION

WILSON, District Judge.

Pursuant to the Court of Appeals' authorization to file a successive petition "alleging that his mental retardation bars his execution," Percy Levar Walton filed a successive petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 claiming that his sentence of death for three counts of capital murder violates the Eighth Amendment because he is mentally retarded, incompetent to be executed,...

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