Tuggle v. Commonwealth

This case is before us again, having been remanded from the Supreme Court of the United States. In the guilt phase of a bifurcated jury trial, Lem Davis Tuggle, Jr., was convicted of capital murder for the willful, deliberate, and premeditated murder of Jessie Geneva Havens during the commission of, or subsequent to, rape. Code § 18.2-31(e). In the penalty phase, the jury returned a verdict fixing Tuggle’s punishment at death. By so doing, the jury found that the Commonwealth had proved both the “dangerousness” and “vileness” predicates beyond a reasonable doubt. The trial court confirmed the…