RTD - Va. high court rules in death-sentence, state-lottery cases

By Frank Green

Published: June 5, 2009

Prosecutors yesterday lost a bid to restore a death sentence in a long-running case that led the U.S. Supreme Court to bar the execution of mentally retarded people.

In a 5-2 decision, the justices of the Virginia Supreme Court disagreed with prosecutors' contention that a York County judge lacked the authority to set aside Daryl Renard Atkins' death sentence and impose life in prison after finding there had been a serious trial error.

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