On February 20, 2002, a case was argued pertaining to capital punishment known as Atkins versus the State of Virginia. The jury convicted Daryl Atkins for the murder of a Virginia man, as well as the abduction and armed robbery of said victim. Allegedly, on the 16th of August 1996, Atkins, partnered with William Jones, abducted Eric Nesbitt from his place of residence, armed with a semiautomatic handgun. The two suspects proceeded to rob him of all of the cash he had on him at the time and withdrew additional cash from a nearby ATM with Nesbitt's card. From there, Atkins and Jones brought the victim to a nearby location and shot him eight times, killing him. Both Atkins' and Jones' testimony were similar, except for the fact that they both accused each other for the actual shooting and killing of Eric Nesbitt. Both parties of the murder plead guilty and were indicted for the death penalty, however Jones' death penalty was waived in exchange for his testimony against his partner in crime, Atkins. These two men were proved guilty of the murder of Eric Nesbitt due to two main factors; the danger of future acts of violence, and the brutality of the events that had unfolded that night. .
A forensic psychologist by the name of Dr. Evan Nelson examined Atkins due to the fact that the Supreme Court of Virginia needed to prove one of the factors of his patient's conviction, the gravity and brutality of the offense. Dr. Nelson came to the conclusion before Atkins' trial that he was "mildly mentally retarded". This tedious decision was based on many interviews with acquaintances of the perpetrator and school and court records. Another factor in Dr. Nelson's decision was due to the fact that Daryl Atkins has taken a standard intelligence test and had scored a 59. According to Dr. Nelson, this is in the less than one percentile of the United States population. This specific test that the doctor had giving Atkins was the typical test used by the United States Government for "assessing intellectual functioning" and has a point scale form 45-155.