Green v. Commonwealth

This capital murder case is before the Court for the second time. We previously reversed Kevin Green’s conviction for the 1998 capital murder of Patricia L. Vaughan and remanded the case to the circuit court for a new trial. Green v. Commonwealth, 262 Va. 105, 118, 546 S.E.2d 446, 452 (2001). 2 Upon retrial, a jury again convicted Green of capital murder during the commission of robbery in violation of Code § 18.2-31(4). At the conclusion of the penalty phase of the bifurcated trial, the jury fixed Green’s punishment at death, finding “that there is a probability that [Green] would commit…