Giarratano v. Commonwealth

During the course of this automatic review of a sentence to death, we must determine whether the evidence was sufficient to convict. Also, we must decide whether the death penalty was imposed arbitrarily and was excessive or disproportionate to the sentence levied in similar cases.

On February 4, 1979, Michelle Kline, age 15, and her mother, Barbara Ann (Toni) Kline, age 44, were murdered in their apartment in Norfolk. The daughter was also raped. Three days later defendant, Joseph M. Giarratano, age 21, was indicted for rape of the daughter, Code § 18.2-61; statutory burglary, Code § 18.2-90;…