Originally Posted by
tommy
Several things are unknown here. One is how the original case was charged. Second is what he was convicted of in the first trial. Third is what the Ct of Appeal and Va. Supreme Ct ruled upon and what they held. Fourth is what the prosecution re-tried him on.
Some of the terminology being used in this thread is a bit nonspecific too. I'm in California, but in California "murder 1" can be committed in many ways. One is by willful, deliberate, and premeditated murder. Another way is by "felony murder" whereby the defendant (or a co-defendant) kills the victim in the course of committing another felony, such as rape, robbery, or many other enumerated felonies. In California, attempts to commit those crimes, where death results, also qualifies as felony murder. I have a feeling Jim3K, by using the term "murder 1" was referring to willful, deliberate, and premeditated murder only.
In any event, if the case had been a California case, and he had been convicted of attempted rape of the second sister in the first trial, and that sister died in the course of that crime, that would be felony-murder, which is first degree murder by law. And it would have made him death-penalty eligible regardless of anything regarding the first sister.
What did the Virgina Supreme Court decide, other than that the evidence of rape of the first sister was insufficient as a matter of law, thereby reversing that rape conviction (and what I assume was a felony murder conviction based upon that rape) and barring its retrial?