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PORTER v. COM.

Record Nos. 071928, 071929.

661 S.E.2d 415 (2008)

Thomas Alexander PORTER v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 6, 2008.

Attorney(s) appearing for the Case

Mary M. Calkins (Joseph A. Migliozzi, Jr., Capital Defender; David Bruck; Foley & Lardner, on briefs), for appellant.

Matthew P. Dullaghan, Senior Assistant Attorney General (Robert F. McDonnell, Attorney General; Jerry P. Slonaker, Senior Assistant Attorney General, on briefs), for appellee.

Present: All the Justices.

OPINION BY Justice G. STEVEN AGEE.

In this appeal, we review the capital murder conviction and sentence of death imposed upon Thomas Alexander Porter in the Circuit Court of the City of Norfolk. In the first stage of a bifurcated trial conducted under Code § 19.2-264.3, a jury convicted Porter of capital murder, use of a firearm in the commission of a felony, and grand larceny.1 In the penalty phase of the trial, the jury found the...

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