Percy Levar Walton v. Gene M. Johnson, Director, Virginia Department of Corrections

440 F.3d 160, 2006 U.S. App. LEXIS 5898, 2006 WL 561492
CourtCourt of Appeals for the Fourth Circuit
DecidedMarch 9, 2006
Docket04-19
StatusPublished
Cited by62 cases

This text of 440 F.3d 160 (Percy Levar Walton v. Gene M. Johnson, Director, Virginia Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Percy Levar Walton v. Gene M. Johnson, Director, Virginia Department of Corrections, 440 F.3d 160, 2006 U.S. App. LEXIS 5898, 2006 WL 561492 (4th Cir. 2006).

Opinions

Affirmed by published opinion. Judge Shedd wrote the opinion, in which Judge WIDENER, Judge WILKINSON, Judge NIEMEYER, Judge LUTTIG, Judge WILLIAMS, and Judge DUNCAN joined. Judge WILKINSON wrote a separate concurring opinion. Judge WILLIAMS wrote a separate concurring opinion. Chief Judge WILKINS wrote a dissenting opinion, in which Judge MICHAEL, Judge MOTZ, Judge TRAXLER, Judge KING, and Judge GREGORY joined.

OPINION

SHEDD, Circuit Judge:

In 1996, Percy Levar Walton murdered three people in Danville, Virginia. Walton pled guilty to the crimes and was sentenced to death in Virginia, state court. Over the next several years, Walton directly appealed his conviction and then filed both state and federal habeas petitions, all of which were unsuccessful. In 2003, after the state court scheduled his execution date for the second time, Walton filed his second federal habeas petition wherein he asserted that he is both mentally incompetent and mentally retarded and, therefore, his execution is precluded under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986) (prohibiting the execution of insane inmates), and Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (prohibiting the execution of mentally retarded inmates). The district court denied Walton’s habeas petition, and we now affirm.

We hold that the district court applied the proper legal standard in deciding that Walton is mentally competent to be executed, and its findings of fact are not clearly erroneous. We further hold that the district court properly dismissed Walton’s mental retardation claim because his habe-as petition fails to state sufficient facts demonstrating that he is mentally retarded under Virginia law.

I.

Walton murdered three people, an elderly couple and a younger man, in their homes in two separate incidents during November 1996.

Although the physical evidence alone overwhelmingly established Walton’s guilt, Walton also admitted to several other jail inmates that he committed the murders, and he described the graphic details of the murders to his cellmate. We previously recounted the facts of Walton’s crimes in greater detail in our opinion deciding Walton’s first federal habeas petition. See Walton v. Angelone, 321 F.3d 442, 446-49 (4th Cir.2003).

With the assistance of counsel, Walton pled guilty to all three murders, three counts of robbery, one count of burglary, and six counts of using a firearm in the commission of a felony. Walton indicated that he wanted to plead guilty because the “chair is for killers.” Id. at 454. After determining that Walton would likely commit additional criminal acts that would constitute a continuing serious threat to society, the Circuit Court for the City of Danville sentenced Walton to death.

Walton then began the long process of challenging his conviction and sentence on both direct and collateral review in state [163]*163and federal court. Our first federal habe-as opinion exhaustively details the extensive procedural history and the claims made in Walton’s numerous prior proceedings. See Id. at 450-52. In both his state and federal habeas petitions, Walton challenged his conviction and sentence on the ground, among many others, that he was not mentally competent to plead guilty.

After the district court denied Walton relief in his first habeas petition, Walton sought a certificate of appealability from this court. As to Walton’s claims that he was not competent to plead guilty and that his counsel was ineffective for failing to adequately raise the issue during the state trial court proceedings, we reviewed the extensive evidence regarding what Walton’s counsel knew about Walton’s mental condition during the trial court proceedings. Id. at 453-57. As we explained, shortly after Walton was indicted, the state court appointed a psychiatrist to assess Walton. Walton told the psychiatrist that he would be able to come back to life shortly after his execution with the same name but a new spirit. Walton also said that he would be able to resurrect his dead family members upon his return. Id. at 454 n. 12. This psychiatrist opined that Walton was competent to stand trial because Walton understood the proceedings against him and understood that, if convicted of capital murder, he could be executed in the electric chair or by lethal injection. Id. at 455-56. The state court appointed a second psychiatrist to assess Walton. The second psychiatrist also opined that Walton was competent because he understood the nature of the proeeed-ings against him and could assist his counsel. Id. at 456.

After conferring with these psychiatrists, Walton’s trial counsel decided against using a mental incompetence strategy at trial because, among other reasons, the testimony of the two psychiatrists would not have been helpful, Walton had told at least two of his fellow inmates that he intended to “play crazy,” and just a few months earlier Walton had stood trial for burglary and grand larceny and his competence to stand trial was not at issue then. Id. at 458.

After reviewing this evidence, we denied Walton’s certificate of appealability, concluding that “we harbor no doubt” that Walton was competent to plead guilty and that the assistance provided by Walton’s counsel was “more than reasonable.” Id. at 460-61. The United States Supreme Court denied Walton’s petition for a writ of certiorari. Walton v. Johnson, 539 U.S. 950, 123 S.Ct. 2626, 156 L.Ed.2d 642 (2003).

Thereafter, the Danville Circuit Court rescheduled Walton’s execution date for May 28, 2003.1 Walton chose electrocution as the form of execution. Just three days before this execution date, the district court granted Walton’s request for a stay of execution. A panel of this court granted Walton’s request to file a second habeas petition to allow him to claim (for the first time in any proceeding) that he cannot be executed because he is mentally retarded. In this second federal petition, Walton makes no further attack on his conviction. Walton’s only remaining claims are that he cannot be executed because (1) he is mentally retarded;2 and (2) he is mentally [164]*164incompetent.3

The district court dismissed Walton’s mental retardation claim without an evi-dentiary hearing, concluding that Walton failed to forecast evidence that his alleged mental retardation originated before the age of 18 — a required element under Virginia law. Walton v. Johnson, 269 F.Supp.2d 692, 700 (W.D.Va.2003). On the issue of mental competence, however, the district court determined that an evidentia-ry hearing was warranted. Id. at 694.

The district court heard extensive evidence regarding Walton’s mental competence during two days of testimony. On the first day, vastly conflicting testimony was presented. Walton’s retained experts, Drs. Anand Pandurangi and Reuben Gur, testified that Walton is suffering from schizophrenia and has borderline delusional ideas about his ability to come back to life after his execution.4 For instance, Walton told Dr.

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Bluebook (online)
440 F.3d 160, 2006 U.S. App. LEXIS 5898, 2006 WL 561492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/percy-levar-walton-v-gene-m-johnson-director-virginia-department-of-ca4-2006.