LeVasseur v. Commonwealth

In a bifurcated jury trial conducted pursuant to Code § 19.2-264.3 et seq., John Joseph LeVasseur was convicted of the wilful, deliberate, and premeditated killing of Pamela Benner, in the commission of robbery while armed with a deadly weapon, Code § 18;2-31(d), and his punishment was fixed at death.1 On November 5, 1982, after considering the probation officer’s report, the trial court imposed the death sentence. The defendant’s appeal has been consolidated with the automatic review of his death sentence and given priority on our docket.

The facts will be stated in the light most favorable…