Fisher v. Commonwealth

David Lee Fisher was convicted by a jury of capital murder (murder for hire, Code § 18.2-31(b)). At the penalty stage of his bifurcated trial, the jury heard evidence of the defendant’s history and evidence in mitigation. After further deliberation, the jury returned a verdict fixing Fisher’s punishment at death, based upon the “future dangerousness” predicate of Code § 19.2-264.4(C). After reviewing a pre-sentence report and conducting a further hearing, the court entered judgment on the jury verdict by final order entered November 2, 1987. We have consolidated Fisher’s appeal with the…