Stevens: Atkins V. Virginia

Facts:

1. Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder
2. the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally retarded
3. The jury sentenced Atkins to death, but the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form
4. During resentencing the same forensic psychologist testified, but this time the State rebutted Atkins' intelligence
5. The jury again sentenced Atkins to death
6. In affirming, the Virginia Supreme Court relied on Penry v. Lynaugh, in rejecting Atkins' contention that he could not be sentenced to death because he is mentally retarded.

Questions:

1. Is one witness not enough?
2. How reliable was the forensic psychologist?
3. How was he proven mentally retarded?
4. what was his penalty if not the death penalty?

Sources:

http://www.oyez.org/cases/2000-2009/2001/2001_00_8452/

http://www.law.cornell.edu/supct/html/00-8452.ZS.html