State Codes and Statutes
Statutes > Virginia > Title-8-01 > Chapter-25 > 8-01-654-2§ 8.01-654.2. Presentation of claim of mental retardation by person sentencedto death before April 29, 2003.
Notwithstanding any other provision of law, any person under sentence ofdeath whose sentence became final in the circuit court before April 29, 2003,and who desires to have a claim of his mental retardation presented to theSupreme Court, shall do so by one of the following methods: (i) if the personhas not commenced a direct appeal, he shall present his claim of mentalretardation by assignment of error and in his brief in that appeal, or if hisdirect appeal is pending in the Supreme Court, he shall file a supplementalassignment of error and brief containing his claim of mental retardation, or(ii) if the person has not filed a petition for a writ of habeas corpus undersubsection C of § 8.01-654, he shall present his claim of mental retardationin a petition for a writ of habeas corpus under such subsection, or if such apetition is pending in the Supreme Court, he shall file an amended petitioncontaining his claim of mental retardation. A person proceeding under thissection shall allege the factual basis for his claim of mental retardation.The Supreme Court shall consider a claim raised under this section and if itdetermines that the claim is not frivolous, it shall remand the claim to thecircuit court for a determination of mental retardation; otherwise theSupreme Court shall dismiss the petition. The provisions of §§ 19.2-264.3:1.1and 19.2-264.3:1.2 shall govern a determination of mental retardation madepursuant to this section. If the claim is before the Supreme Court on directappeal and is remanded to the circuit court and the case wherein the sentenceof death was imposed was tried by a jury, the circuit court shall empanel anew jury for the sole purpose of making a determination of mental retardation.
If the person has completed both a direct appeal and a habeas corpusproceeding under subsection C of § 8.01-654, he shall not be entitled to fileany further habeas petitions in the Supreme Court and his sole remedy shalllie in federal court.
(2003, cc. 1031, 1040.)
