Orbe v. Commonwealth

A jury convicted the defendant, Dennis Mitchell Orbe, of four charges in connection with a murder during the commission of robbery. Those convictions are: (1) capital murder, in violation of Code § 18.2-31(4); (2) use or display of a firearm while committing murder, in violation of Code § 18.2-53.1; (3) robbery, in violation of Code § 18.2-58; and (4) use or display of a firearm while committing robbery, in violation of Code § 18.2-53.1.

At the conclusion of the sentencing phase of a bifurcated trial, the jury fixed the defendant’s punishment at death for the capital murder, 50 years for the…