MICKENS v. COM.

Record Nos. 931646, 931647.

457 S.E.2d 9 (1995)

Walter MICKENS, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 21, 1995.


Attorney(s) appearing for the Case

Bryan L. Saunders (Warren F. Keeling, on briefs), for appellant.

John H. McLees, Jr., Asst. Atty. Gen. (James S. Gilmore, III, Attorney General, on brief), for appellee.

Present: All the Justices.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

STEPHENSON, Justice.

Walter Mickens, Jr., was convicted of the capital murder of Timothy Jason Hall, i.e., the willful, deliberate, and premeditated killing of Hall in the commission of, or subsequent to, attempted forcible sodomy, in violation of Code § 18.2-31(5). In the penalty phase of a bifurcated trial, the jury fixed Mickens' punishment at death, based upon findings beyond a reasonable...

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