Legal Opinion
Walker v. Kelly
Court of Appeals for the Fourth Circuit
Decided January 27, 2010No. 06-23PublishedCited by 15 opinions
1Opinion of the Court
*321OPINION
SHEDD, Circuit Judge:
In Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), the Supreme Court held that the Eighth Amendment prohibits the execution of mentally retarded persons. Relying on Atkins, Virginia capital inmate Darick Demorris Walker filed a petition for federal habeas corpus relief seeking to prevent his execution. Finding that Walker failed to prove that he is mentally retarded under Virginia law,1 the district court denied the petition, and he now appeals. For the following reasons, we affirm the judgment of the district court.
I
In 1998, the…
2Cases cited17 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Ford v. WainwrightSupreme Court of the United States · 1986
- Bobby v. BiesSupreme Court of the United States · 2009
- Walker v. KellyCourt of Appeals for the Fourth Circuit · 2009
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3Cited by15 opinions
- Ybarra v. StateNevada Supreme Court · 2011
- Ortiz v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- Smith v. SchriroCourt of Appeals for the Ninth Circuit · 2016
- United States v. WilliamsDistrict Court, D. Hawaii · 2014
- United States v. SaladDistrict Court, E.D. Virginia · 2013
10 more not listed; retrieve them via the Exa API.