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Rape Loudoun Virginia Lawyer Capital Murder Double Jeopardy

Rape Loudoun Virginia Lawyer Capital Murder Double Jeopardy

Ching v.Commonwealth
Facts:

Defendant appealed from a judgment of the Circuit Court of Loudoun (Virginia) finding him guilty of capital murder during the commission of or subsequent to attempted rape and sentencing him to death. The judgment was based on a second indictment against defendant filed after his first trial resulted in remand, by the supreme court, mandating a new trial on a charge of no greater than first degree murder.

Rape Loudoun Virginia Lawyer Capital Murder Double Jeopardy

Rape Loudoun Virginia Lawyer

Issue:
  • Whether the trial court erred in refusing to dismiss the indictment for capital murder as violative of defendant’s double jeopardy protection?
Discussion:

In response to numerous assignments of error, the supreme court held, inter alia, that: (1) the trial court did not err in refusing to dismiss the indictment for capital murder as violative of defendant’s double jeopardy protection; (2) the trial court did not abuse its discretion in overruling defendant’s motion to disqualify the Commonwealth’s attorney based on the fact that a letter defendant sent to the attorney asserted a grossly offensive personal attack on the attorney and thus, created a conflict of interest, since the attorney assured the court that it had not had an effect on his professional judgment; (3) evidence of a rape and attempted murder of a second victim was admissible where the Commonwealth alleged that said acts were interrelated parts of a common criminal plan and, thus, relevant to prove defendant’s identity, motive, and intent as the perpetrator of all the crimes committed in the course of carrying out that plan; (4) the trial court did not err in failing to suppress defendant’s statement given after he freely and knowingly waived his Fifth Amendment right to counsel; and (5) defendant’s sentence was not excessive or disproportionate. he judgment of the trial court was affirmed.

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Article written by A Sris
Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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