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Thomas v. Commonwealth

6/5/1992

y is whether "juries in this jurisdiction generally approve the supreme penalty for comparable or similar crimes." Stamper, 220 Va. at 284, 257 S.E.2d at 824. Applying this test, we have examined the records of all capital murder cases previously reviewed by this Court where, as here, the death sentence was based upon the "vileness" predicate alone. Buchanan v. Commonwealth, 238 Va. 389, 384 S.E.2d 757 (1989), cert. denied, 493 U.S. 1063 (1990); Bennett v. Commonwealth, 236 Va. 448, 374 S.E.2d 303 (1988), cert. denied, 490 U.S. 1028 (1989); Barnes v. Commonwealth, 234 Va. 130, 360 S.E.2d 196 (1987), cert. denied, 484 U.S. 1036 (1988); Payne


v. Commonwealth, 233 Va. 460, 357 S.E.2d 500, cert. denied, 484 U.S. 933 (1987); Correll v. Commonwealth, 232 Va. 454, 352 S.E.2d 352, cert. denied, 482 U.S. 931 (1987); Wise v. Commonwealth, 230 Va. 322, 337 S.E.2d 715 (1985), cert. denied, 475 U.S. 1112 (1986); Boggs v. Commonwealth, 229 Va. 501, 331 S.E.2d 407 (1985), cert. denied, 475 U.S. 1031 (1986); Washington v. Commonwealth, 228 Va. 535, 323 S.E.2d 577 (1984), cert. denied, 471 U.S. 1111 (1985); Jones v. Commonwealth, 228 Va. 427, 323 S.E.2d 554 (1984), cert. denied, 472 U.S. 1012 (1985). Cases reviewed prior to 1984 are listed in Jones, 228 Va. at 450 n. 3, 323 S.E.2d at 567 n. 3.


Our examination of these decisions, as well as capital cases resulting in life imprisonment, leads us to the Conclusion that Thomas's sentence of death is not excessive or disproportionate when compared to sentences generally imposed by sentencing bodies in this jurisdiction for crimes of a similar nature. Mrs. Wiseman's murder at least equals in vileness a number of the killings involved in the decisions listed above.


Finding no error in any of the issues raised by Thomas and perceiving no reason to disturb the death sentence, we will affirm the judgment of the trial court.


Affirmed.


Disposition


Affirmed.






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