Commonwealth v. Shifflett

These two criminal appeals, involving findings of guilty in non-capital felony prosecutions, present a common issue: Did the Court of Appeals of Virginia err in reversing the respective circuit courts, which limited evidence the defendants sought to introduce during the sentencing proceedings conducted as part of the bifurcated jury trials?

Code § 19.2-295.1 sets forth the procedure in such cases. It provides, in part, that after the prosecution has had the opportunity to present evidence of the defendant’s prior convictions, “the defendant may introduce relevant, admissible evidence related…