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A California death row inmate now in Virginia, has been convicted on two counts of capital murder, one rape charge, two gun charges, and grand larceny for a 1988 double-murder case out of Virginia. The 22-year-old bodies of Rachael A. Raver and Warren H. Fulton III, were discovered in December 1988. Prieto was already serving time in California’s San Quentin State Prison for the rape and murder of a 15-year-old girl in 1990, and is also charged with the 1988 rape and murder of Veronica Jefferson of Virginia. Prieto’s attorneys will now try to convince the jury that he is mentally retarded, which would spare him the death penalty under the 2002 Atkins v. Virginia U. S. Supreme Court ruling. Tom Jackman with the Washington Post reports on this story.

Texas inmate Lionell Rodriquez is scheduled to be executed tomorrow in Texas. Rodriguez was charged with the 1990 murder of 22-year-old Tracy Gee at an intersection in Houston, afterwards stealing her car. Rodriguez will be the 16th inmate to be executed in Texas this year. The U. S. Supreme Court refused to review the case back in April, reports Michael Graczyk of the AP.

Update: Rodriguez was pronounced dead at 6:19 p.m. CDT.

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Plus, Virginia's death row has plenty of room for one more inmate, given the amount of excutions in Virginia relative to the amount of death sentences handed down.

Here's an interesting hypo--say Prieto is determined to be mentally retarded in one state, but not in the other. What result? Obviously, collateral estoppel wouldn't be applicable, but . . . .

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