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In 2001, Green was convicted at a second trial and again sentenced to death.

Green challenged his sentence on grounds that he was mentally retarded and that his attorney, through failing to appeal all of his charges, was ineffective.

In February, a three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that Green’s attorneys failed to prove that he was mentally retarded. The panel found that Green’s intellectual capacity didn’t fall within the established guidelines of mental retardation, and that he had passed the statute of limitations for claiming ineffective counsel.