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THOMAS v. GARRAGHTY

Record No. 991284.

522 S.E.2d 865 (1999)

258 Va. 530

Douglas Christopher THOMAS v. David GARRAGHTY, Warden, Greensville Correctional Center.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

Robert E. Shepherd, Jr. (Robert Lee; Michele J. Brace; Lisa P. O'Donnell; Lawrence H. Woodward, Jr.; Aileen C. Tucker; Richard R. Fuller, Jr.; Shuttleworth, Ruloff & Giordano, on briefs), Virginia Beach, for petitioner.

Pamela A. Rumpz, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for respondent.

Present: All the Justices.

KEENAN, Justice.

Douglas Christopher Thomas was convicted in the Circuit Court of Middlesex County (circuit court) of capital murder, first degree murder, and two counts of using a firearm in the commission of a felony. The first degree murder conviction was based on the killing of James Baxter Wiseman, II, Code § 18.2-32, and the capital murder conviction arose from the killing of Kathy J. Wiseman as a part of the same act or transaction of killing James Baxter...

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