MacKall v. Commonwealth

Tony Albert Mackall was indicted and tried for capital murder in the commission o.f robbery while armed with a deadly weapon, Code § 18.2-31(d), and for robbery and the display of a firearm in a threatening manner. A jury convicted Mackall of all three crimes and fixed his punishment at life imprisonment on the robbery charge and two years’ confinement on the firearm charge. In the second phase of the bifurcated trial on the capital murder charge, the jury heard evidence of aggravating and mitigating circumstances and fixed Mackall’s sentence at death, based on his future dangerousness. See…