Hunt v. Commonwealth

COLEMAN, Judge.

The defendant, Alex Thomas Hunt, was convicted by a jury of first degree murder. On appeal, he contends that the trial court erred by refusing to remove a juror during the trial, by failing to instruct the jury on second degree murder and voluntary manslaughter, and by misapplying the Virginia Sentencing Guidelines. For the reasons that follow, we affirm the defendant’s conviction.

I. DISQUALIFICATION OF JUROR

On the second day of trial, a juror was observed smiling and nodding to a member of the victim’s family. Upon defense counsel’s request, the trial judge asked the jurors if…