Supreme Court of Virginia

John Joseph LeVasseur v. Commonwealth of Virginia

June 17, 1983225 Va. 564

Summary

The court affirmed LeVasseur's capital-murder conviction and death sentence after rejecting challenges to jury selection, the exclusion of mental-history and drug-effect evidence, the refusal to instruct on second-degree murder, and the capital-sentencing procedure. It held that the challenged voir dire restrictions and evidentiary rulings were permissible, that the murder and robbery were one criminal enterprise as a matter of law, and that the sentencing scheme and instructions were constitutionally adequate. Stephenson, J., dissenting, joined by Cochran and Poff, would have reversed because the defense was not permitted to adequately examine prospective jurors for bias against an intoxication defense involving illegal drugs.