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Criminal Procedure Keyed to Ohlin
Atkins v. Virginia
Citation:
536 U.S. 304 (2002)
ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
Petitioner, Daryl Renard Atkins, was convicted of abduction, armed robbery, and capital murder, and sentenced to death. On August 19, 1996, Atkins and Williams Jones abducted Eric Nesbitt, robbed him of the money, drove him to an automated teller machine in his pickup truck where cameras recorded their withdrawal of additional cash, then took him to an isolated location where he was shot eight times and killed. In the penalty phase, the defense relied on one witness, Dr. Evan Nelson, a forensic psychologist who had evaluated Atkins before trial and concluded that he was mildly mentally retarded. The State presented an expert rebuttal witness who expressed the opinion that Atkins was not mentally retarded, but rather was of average intelligence. The jury sentenced Atkins to death.
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