IN RE COM.

Record Nos. 080282, 080283.

677 S.E.2d 236 (2009)

In re COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 4, 2009.


Attorney(s) appearing for the Case

Melissa H. Hoy, Assistant Commonwealth's Attorney (Mark A. Krueger, Deputy Commonwealth's Attorney, on brief), for the petitioner.

John A. Gibney, Jr., (Thompson McMullan, on brief), Richmond, for the respondent.

Present: All the Justices.


OPINION BY Chief Justice LEROY R. HASSELL, SR.

In this proceeding, which invokes this Court's original jurisdiction, we consider whether a writ of mandamus or a writ of prohibition lies to compel a circuit court, that had entered a final judgment in a capital murder proceeding, to vacate that judgment and conduct a hearing to determine whether a criminal defendant was mentally retarded when he robbed and murdered the victim.

II.

The underlying capital...

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