Supreme Court of Virginia June 10, 2004, Record No. 020971. (Burns v. Warden of Sussex I State Prison)

Justice KINSER, dissenting.

I conclude that the petitioner failed to present a non-frivolous claim of mental retardation and is therefore not entitled to any further proceeding on that issue. See Code § 8.01-654.2. For that reason, I respectfully dissent.