Johnson v. Commonwealth

In this appeal of a judgment confirming a death sentence imposed in a resentencing proceeding in a capital murder case, we consider a range of issues including the question whether the trial court erred in refusing to impose a life sentence pursuant to Atkins v. Virginia, 536 U.S. 304 (2002) (Atkins III). We also consider the constitutionality of Code § 19.2-264.3, which provides that a resentencing proceeding on remand be held before a different jury than the jury that originally tried the defendant.

I. PROCEEDINGS

In July 1998, the defendant, Shermaine A. Johnson, was convicted in a jury…