Legal Opinion
Walton v. Johnson
District Court, W.D. Virginia
Decided July 2, 2003No. CIV.A. 7:03CV00347PublishedCited by 23 opinions
1Opinion of the Court
MEMORANDUM OPINION
WILSON, Chief Judge.
This is an authorized successive petition by Percy Levar Walton for a writ of Habe-as Corpus pursuant to 28 U.S.C. § 2254 in which Walton maintains that his sentence of death for three counts of capital murder would be cruel and unusual punishment because he is mentally retarded and because he is incompetent. The court finds that Walton is not mentally retarded under Virginia’s definition of mental retardation which, like the American Psychiatric Association and the American Association of Mental Retardation’s definition of mental retardation, requires an…
2Cases cited14 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Townsend v. SainSupreme Court of the United States · 1963
- Ring v. ArizonaSupreme Court of the United States · 2002
- Atkins v. VirginiaSupreme Court of the United States · 2002
- Penry v. LynaughSupreme Court of the United States · 1989
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ex Parte BrisenoCourt of Criminal Appeals of Texas · 2004
- Darick Demorris Walker v. William Page True, Warden, Sussex I State Prison, the Arc of Virginia, Amicus SupportingCourt of Appeals for the Fourth Circuit · 2005
- Bowling v. CommonwealthKentucky Supreme Court · 2005
- Percy Levar Walton v. Gene M. Johnson, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 2006
- In Re: Eric CatheyCourt of Appeals for the Fifth Circuit · 2017
18 more not listed; retrieve them via the Exa API.