Appeals Court Denies VA Death Row Inmate a New Trial

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Posted: 4:56 PM Dec 16, 2009 Appeals Court Denies VA Death Row Inmate a New Trial RICHMOND, Va. (AP) A federal appeals court has denied a Virginia death row inmate's bid for a new trial.

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A federal appeals court has denied a Virginia death row inmate's bid for a new trial.

Darrick Walker of Richmond was convicted of killing Stanley Beale in 1996 and Clarence Elwood Threat in 1997. Virginia law allows the death penalty for anyone who commits two premeditated murders within three years.

In a 2-1 decision Wednesday, a panel of the 4th U.S. Circuit Court of Appeals rejected Walker's claim that the prosecution failed to disclose evidence that would have negated the eyewitness testimony of Beale's 13-year-old daughter. The court said the undisclosed material was not enough to undermine confidence in the guilty verdict.

Walker also is claiming in a separate appeal that he cannot be executed because he is mentally disabled. The 4th Circuit has not yet decided that issue.

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