Summary
The Supreme Court of Virginia reviewed James Bryant Hudson’s death sentence despite his waiver of appellate review, as required by Virginia Code § 17.1-313. The court found no evidence that the sentence was imposed under passion, prejudice, or another arbitrary factor and concluded that it was neither excessive nor disproportionate compared with similar capital murder cases. The court affirmed the trial court’s judgment.
Holdings
- A defendant may waive the right to appeal a death sentence, but cannot waive the Supreme Court of Virginia's mandatory review under Code § 17.1-313.
- Hudson's death sentence was not imposed under the influence of passion, prejudice, or another arbitrary factor and was not excessive or disproportionate to sentences imposed in comparable capital-murder cases.
Questions Presented
- Whether Hudson's death sentence was imposed under the influence of passion, prejudice, or another arbitrary factor.
- Whether Hudson's death sentence was excessive or disproportionate to the penalties imposed in comparable capital-murder cases.
Disposition
affirmed
Cases Cited (9)
- Commonwealth v. Bower, 264 Va. 41, 563 S.E.2d 736 (2002)(followed)
- Akers v. Commonwealth, 260 Va. 358, 535 S.E.2d 674 (2000)(followed)
- Zirkle v. Commonwealth, 262 Va. 631, 553 S.E.2d 520 (2001)(followed)
- Goins v. Commonwealth, 251 Va. 442, 470 S.E.2d 114 (1996)(followed)
- Stewart v. Commonwealth, 245 Va. 222, 427 S.E.2d 394 (1993)(followed)
- Chichester v. Commonwealth, 248 Va. 311, 448 S.E.2d 638 (1994)(followed)
- Dubois v. Commonwealth, 246 Va. 260, 435 S.E.2d 636 (1993)(followed)
- Orbe v. Commonwealth, 258 Va. 390, 519 S.E.2d 808 (1999)(followed)
- Green v. Commonwealth, 266 Va. 81, 580 S.E.2d 834 (2003)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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