Walton v. Johnson, No. 04-19 (4th Cir.) (440 F.3d 160) (March 9, 2006) (Judge Dennis W. Shedd)
In a thought-provoking and sometimes surreal 7-6 en banc ruling, the Fourth Circuit rejected the habeas claims of Percy Levar Walton, a Virginia death row inmate, that "he is both mentally incompetent and mentally retarded and, therefore, his execution is precluded under Ford v. Wainwright, 477 U.S. 399 (1986) (prohibiting …
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