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PAYNE v. COM.

Record No. 860788.

357 S.E.2d 500 (1987)

Joseph Patrick PAYNE, Sr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 12, 1987.

Attorney(s) appearing for the Case

Michael Morchower (Morchower, Luxton & Whaley, on brief), for appellant.

Ned M. Mikula (Rudy, Gill, Keown, Evans & Mikula, on brief), for appellant, on ineffective assistance of counsel claim.

Thomas D. Bagwell, Senior Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellee.

Present: CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

COMPTON, Justice.

On April 9, 1985, Joseph Patrick Payne, Sr., a prisoner at the Powhatan Correctional Center, was indicted for the capital murder of David Wayne Dunford, a fellow inmate in the correctional facility. Code § 18.2-31(c). In a bifurcated trial by jury held in April 1986, defendant was found guilty of the offense and his punishment was fixed at death upon the vileness predicate of the capital murder sentencing...

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