Trial of Capital Murder Cases in Virginia

Trial of Capital Murder Cases in Virginia
Publication Date: 2016
Available Formats: Print (446 pages, softcover, 1 volume)
  Electronic (searchable PDF via flash drive, CD, or immediate download)
  Both Print and Electronic formats
Product #: 869

Information

Content Highlights:
  • The Capital Murder Statute
  • Pretrial Procedures
  • Trial
  • The Penalty Trial
  • Case Histories
  • Aggravating and Mitigating Factors
  • Statutory Sections Used
  • Ineffective Assistance of Counsel Issues

“The Board of Governors of the Criminal Law Section of the Virginia State Bar conceived and authorized this book to serve as a legal reference providing guidance to defense counsel, prosecutors and trial judges. It focuses on events and issues peculiar to capital litigation, which year after year becomes increasing complex. Although primary attention is given to Virginia procedure, the reader is also alerted to the great number of federal issues that can arise in capital cases.”
- Professor Ronald J. Bacigal

If you handle criminal cases in Virginia where capital punishment is even a possibility, you should have this book. It is the only publication focusing primarily on Virginia capital litigation. This 2016 edition includes the latest federal and Virginia appellate opinions dealing with capital cases. It also updates a number of motions addressing the constitutionality of the death penalty. A unique feature of the book is a series of tables organizing all capital cases according to the statutory section applied; the aggravation and mitigation evidence offered; and the applicable aggravator (i.e, vileness or future dangerousness).

In Cooperation With the Criminal Law Section of the Virginia State Bar.

Assisted by a grant from the Virginia Law Foundation.


New Multi-Book Discount. Buy ANY 2 books and save 20%, 3 books and save 30%, 4 or more and save 40%. Use coupon code BUYMORE.
Government Attorney? Receive a 30% discount on publications, and a 50% discount on most seminars.
New Virginia Lawyer? (less than three years) Receive a 25% discount on publications and most seminars.


Customers who bought this book also bought:


Virginia Criminal Practice Forms

Defending Criminal Cases in Virginia

Defense of Serious Traffic Cases in Virginia

A Guide to the Rules of Evidence in Virginia

Objections: Interrogatories, Depositions, and Trial
 

 

Table of Contents

CHAPTER LIST

1. Introduction

2. The Capital Murder Statute

3. Pretrial Procedures

4. Trial

5. The Penalty Trial


CHAPTER 1: INTRODUCTION

1.1 PURPOSE

1.2 CONCEPT OF CRUEL AND UNUSUAL PUNISHMENT

1.3 PROCEDURAL ASPECTS OF THE EIGHTH AMENDMENT

1.4 SUBSTANTIVE ASPECTS OF THE EIGHTH AMENDMENT

1.5 EFFECT OF FEDERAL REVIEW ON TRIAL

1.6 FACTORS TO CONSIDER IN PRACTICE

CHAPTER 2: THE CAPITAL MURDER STATUTE

2.1 INTRODUCTION

2.2 WILLFUL, DELIBERATE, AND PREMEDITATED
    2.201 Premeditation
    2.202 Effect of Voluntary Intoxication
    2.203 Effect of Diminished Capacity

2.3 “IN THE COMMISSION OF”

2.4 KILLING OF “ANY PERSON”

2.5 “TRIGGERMAN” (IMMEDIATE PERPETRATOR) RULE

2.6 SPECIFIC SUBSECTIONS OF SECTION 18.2-31
    2.601 Abduction: Section 18.2-31(1)
    2.602 Murder for Hire: Section 18.2-31(2)
    2.603 Murder by Prisoner: Section 18.2-31(3)
    2.604 Robbery: Section 18.2-31(4)
    2.605 Rape, Forcible Sodomy, Object Sexual Penetration:
    Section 18.2-31(5)
    2.606 Murder of Law-Enforcement Officer: Section 18.2-31(6)
    2.607 Simultaneous Murders: Section 18.2-31(7)
    2.608 Multiple Murders Within Three-Year Period:
    Section 18.2-1(8)
    2.609 Drug-Related Murders: Section 18.2-31(9)
    2.610 Murder Pursuant to Continuing Criminal Enterprise:
    Section 18.2-31(10)
    2.611 Murder of Pregnant Woman: Section 18.2-31(11)
    2.612 Murder of a Person Under the Age of 14 by a Person Age
    21 or Older: Section 18.2-31(12)
    2.613 Murder of a Person During the Commission of an Act of
    Terrorism: Section 18.2-31(13)
    2.614 Murder of a Judge: Section 18.2-31(14)
    2.615 Murder of a Witness Under Subpoena: Section 18.2-31(15)

2.7 ADDING CAPITAL MURDER COUNTS TO THE INDICTMENT

CHAPTER 3: PRETRIAL PROCEDURES

3.1 INTRODUCTION

3.2 BAIL

3.3 PRELIMINARY HEARING

3.4 JOINDER AND SEVERANCE
    3.401 Joinder of Defendants
    3.402 Joinder of Offenses
    
3.5 PRETRIAL MOTIONS
    3.501 Motions That May Be Raised Pretrial
    3.502 Issues That Must Be Raised Pretrial

3.6 BILL OF PARTICULARS

3.7 MOTIONS IN LIMINE

3.8 MOTIONS TO APPOINT EXPERTS AND INVESTIGATORS

3.9 DISCOVERY
    3.901 Discovery Under Rule 3A:11
    3.902 Constitutional Discovery

3.10 ACCESS TO FORENSIC EVIDENCE

3.11 RECIPROCAL DISCOVERY BY COMMONWEALTH

3.12 COMPETENCE TO STAND TRIAL

3.13 INSANITY DEFENSE
    3.1301 Preliminary Evaluation
    3.1302 Notice
    3.1303 Evaluation by Commonwealth
    3.1304 Discovery by Commonwealth
    3.1305 Use of Sanity Evaluations at Guilt or Innocence Trial
    3.1306 Use of Mental Evaluations at Penalty Phase

APPENDIX 3-1: BAIL PAPERS

APPENDIX 3-2: MOTION TO DECLARE THE VIRGINIA CAPITAL
MURDER AND DEATH PENALTY STATUTES
UNCONSTITUTIONAL

APPENDIX 3-3: MEMORANDUM IN SUPPORT OF DEFENDANT’S
MOTIONS TO DECLARE THE VIRGINIA CAPITAL MURDER
AND DEATH PENALTY STATUTES UNCONSTITUTIONAL
AND TO PROHIBIT THE IMPOSITION OF THE
DEATH PENALTY

APPENDIX 3-4: MOTION FOR BILL OF PARTICULARS

APPENDIX 3-5: MEMORANDUM IN SUPPORT OF MOTION FOR
A BILL OF PARTICULARS

APPENDIX 3-6: MOTION TO ENJOIN LAW ENFORCEMENT
OFFICERS FROM WEARING UNIFORMS IN COURTROOM
WHILE SITTING AS SPECTATORS, OR GRANT OTHER
APPROPRIATE RELIEF

APPENDIX 3-7: MEMORANDUM OF LAW IN SUPPORT OF
MOTION TO ENJOIN LAW ENFORCEMENT OFFICERS
FROM WEARING UNIFORMS IN THE COURTROOM
AS SPECTATORS

APPENDIX 3-8: MOTION FOR APPOINTMENT OF FORENSIC
EXPERT

APPENDIX 3-9: MEMORANDUM IN SUPPORT OF MOTION FOR
APPOINTMENT OF FORENSIC EXPERT

APPENDIX 3-10: MOTION FOR APPOINTMENT OF EXPERT
INVESTIGATOR

APPENDIX 3-11: MEMORANDUM IN SUPPORT OF MOTION
FOR APPOINTMENT OF AN EXPERT INVESTIGATOR

APPENDIX 3-12: MEMORANDUM OF LAW REGARDING
DEFENDANT’S RIGHT TO MAKE EX PARTE APPLICATIONS

APPENDIX 3-13: MOTION FOR APPOINTMENT OF AN EXPERT
ON CONDITIONS OF INCARCERATION

APPENDIX 3-14: MEMORANDUM IN SUPPORT OF MOTION FOR
APPOINTMENT OF AN EXPERT ON CONDITIONS OF
INCARCERATION

APPENDIX 3-15: MOTION FOR DISCOVERY AND INSPECTION

APPENDIX 3-16: MEMORANDUM IN SUPPORT OF DISCOVERY
MOTION

CHAPTER 4: TRIAL

4.1 RIGHT TO FAIR TRIAL

4.2 RIGHT TO PUBLIC TRIAL
    4.201 Scope of Right
    4.202 Defendant’s Presence During Trial

4.3 JURY SELECTION
    4.301 Selection of the Array
    4.302 Statutory Challenges
    4.303 Constitutional Challenges
    
4.4 SELECTION OF THE PETIT JURY
    4.401 Voir Dire
    4.402 Challenges for Cause
    4.403 Peremptory Challenges

4.5 CHANGE OF VENUE

4.6 ENTERING A GUILTY PLEA

APPENDIX 4-1: MOTION FOR CHANGE OF VENUE

APPENDIX 4-2: MEMORANDUM IN SUPPORT OF MOTION FOR
CHANGE OF VENUE

APPENDIX 4-3: MOTION FOR INDIVIDUAL AND SEQUESTERED
VOIR DIRE

APPENDIX 4-4: MEMORANDUM IN SUPPORT OF MOTION FOR
INDIVIDUAL AND SEQUESTERED VOIR DIRE

APPENDIX 4-5: MOTION FOR ADDITIONAL PEREMPTORY
CHALLENGES

APPENDIX 4-6: MEMORANDUM IN SUPPORT OF MOTION FOR
ADDITIONAL PEREMPTORY CHALLENGES

APPENDIX 4-7: MOTION TO DISMISS JURY AND RE-IMPANEL
VENIRE

CHAPTER 5: THE PENALTY TRIAL

5.1 INTRODUCTION
    5.101 Eligibility Phase
    5.102 Selection Phase

5.2 AGGRAVATING FACTORS
    5.201 Vileness
    5.202 Future Dangerousness
    5.203 Victim Impact Evidence
    5.204 Victims’ Statements

5.3 MITIGATION
    5.301 Statutory Factors
    5.302 Nonstatutory Factors

5.4 EXCLUSION OF MITIGATING EVIDENCE
    5.401 Irrelevant Evidence
    5.402 Mental Health Evidence

5.5 INSTRUCTIONS CONCERNING PAROLE ELIGIBILITY

5.6 JURY INSTRUCTIONS AND VERDICT FORMS

5.7 CLOSING ARGUMENT
    5.701 Appeals to Emotions
    5.702 “Send a Message” Arguments
    5.703 Information on the Appellate Process
    5.704 Religious Arguments

5.8 DEFENDANT’S PRESENCE DURING JURY DELIBERATIONS

5.9 POLLING THE JURY

5.10 IMPEACHING THE JURY’S VERDICT

5.11 POST-SENTENCE REPORTS

5.12 RESENTENCING HEARINGS

APPENDIX 5-1: SAMPLE JURY VERDICT FORMS

TABLE I: CASE HISTORIES

TABLE II: AGGRAVATION AND MITIGATION EVIDENCE

TABLE III: CASES BY AGGRAVATOR

TABLE IV: STATUTORY SECTIONS USED

TABLE V: INEFFECTIVE ASSISTANCE OF COUNSEL ISSUES

INDEX

Authors

Author

Professor Ronald J. Bacigal, University of Richmond School of Law

Ronald J. Bacigal teaches and writes in the areas of criminal law, criminal process and procedure, and evidence. He is the author or co-author of over a dozen books and almost fifty articles on these subjects. Professor Bacigal is widely regarded as the leading authority on Virginia criminal law and procedure.

Prices

Print - $150
Download - $150
CD-ROM - $150
USB Flash Drive - $150
Both Print and Download - $175
Both Print and CD-ROM - $175
Both Print and USB Flash Drive - $175
Purchase Options
  • Add to Cart
Related Products

CONTACT US

Our Address

  • 105 Whitewood Road
    Charlottesville, VA 22901

JOIN OUR MAILING LIST:

  • Virginia CLE® is the non-profit educational division of the Virginia Law Foundation.

© 2016 Virginia Law Foundation