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Criminal Law Keyed to Ohlin
Atkins v. Virginia
Citation:
536 U.S. 304 (2002)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Atkins was found guilty of several crimes after a jury trial, resulting from a night in which he, along with someone else, robbed a man, abducted him, and killed him by shooting him eight times.
At sentencing, Dr. Evan Nelson, a forensic psychologist, testified that Atkins was “mildly mentally retarded” based on interviews with people who knew Atkins, a review of his school and court records, and his IQ score of 59. The jury sentenced him to death. However, the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form. At the resentencing, Dr. Nelson testified again. The state also presented an expert that testified that Atkins was not mentally retarded, but had antisocial personality disorder. The jury sentenced him to death again.
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