Justus v. Commonwealth

A jury convicted Buddy Earl Justus of willful, deliberate, and premeditated killing during the commission of, or following rape, Code § 18.2-31 (e), and, after a penalty proceeding, recommended that his punishment be fixed at death. Following receipt of the post conviction report of a probation officer, the trial court held a sentencing hearing, confirmed the jury’s verdict, and ordered that Justus be executed. Code §§ 19.2-264.3 through -264.5. The defendant sought and is entitled to this appellate review of sentence as a matter of right, Code § 17.110.1(A), and it, along with the appeal of…