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FISHER v. COM.

Record No. 880091.

374 S.E.2d 46 (1988)

David Lee FISHER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 18, 1988.

Attorney(s) appearing for the Case

G. Carl Boggess, Harry W. Garrett, Jr. (Garrett & Boggess, Bedford, on brief), for appellant.

Craig S. Cooley, Richmond, for appellant, on ineffective assistance of counsel claim.

Robert B. Condon, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: CARRICO, C.J., and POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ., and GORDON, Retired Justice.

RUSSELL, Justice.

David Lee Fisher was convicted by a jury of capital murder (murder for hire, Code § 18.2-31(b)). At the penalty stage of his bifurcated trial, the jury heard evidence of the defendant's history and evidence in mitigation. After further deliberation, the jury returned a verdict fixing Fisher's punishment at death, based upon the "future dangerousness" predicate of Code § 19.2-264.4(C). After reviewing a presentence report and conducting...

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