Commonwealth v. Jerman

In this appeal, we consider whether the Court of Appeals erred when it reversed and vacated a defendant’s sentence on the ground that the circuit court did not instruct the jury on the abolition of parole pursuant to Fishback v. Commonwealth, 260 Va. 104, 532 S.E.2d 629 (2000).

Timothy Jerman was indicted for murder, in violation of Code §§ 18.2-32 and -40, and for abduction, in violation of Code § 18.2-47. He was convicted in the Circuit Court of Fairfax County of second degree murder and abduction. During the penalty phase of the trial, Jerman did not request a jury instruction on the…