Commonwealth of Virginia
Respondent
Pamela A. Rumpz, Counsel of RecordSince Virginia resumed executions following the Supreme Court’s decisions upholding their constitutionality in 1976, 85 inmates have been put to death in the State, with 26 presently on death row. Among those scheduled for execution is Daryl Atkins, who was convicted in 1998 of murder and sentenced to death — despite evidence presented that he is mentally retarded, with an IQ of 59. Virginia allows a defendant to cite his or her mental handicap as a mitigating factor for a jury to consider when determining whether to impose the death penalty, but it has no…
