Bowling v. Commonwealth
Annotate this CaseAppellant Thomas Bowling petitioned for a declaratory judgment seeking to challenge the implementation of his two twenty-two year-old death sentences upon the grounds that he was mentally retarded. Appellant had previously challenged his sentences upon the same grounds, and the Supreme Court concluded that Appellant had procedurally defaulted by waiver any challenge to his death sentences upon the grounds of mental retardation because he failed to raise the issue at trial, on direct appeal, or in any of his subsequent collateral attacks on his judgment on sentence. In the instant case, the circuit court dismissed the petition. The Supreme Court affirmed, holding (1) it was the law of the case that Appellant had procedurally defaulted on his mental retardation claim and that he failed to demonstrate adequate cause for his default; and (2) it was the law of the case that Appellant could not make a prima facie showing that he was able to meet the statutory definition for mental retardation.
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