Dung Quang Cheng, A/K/A John Cheng v. Commonwealth of Virginia

Summary

The court affirmed Cheng's noncapital convictions but reversed his capital-murder conviction because the evidence did not establish beyond a reasonable doubt that he was the person who fired the fatal shots. The court rejected or declined to reach Cheng's other claims, concluding that the shotgun evidence and seized vehicle evidence were admissible, his statements were made after an implied continuing Miranda waiver, venue was sufficiently proved, and several claims were procedurally barred. Justice Compton, joined by the Chief Justice and Justice Hassell, dissenting in part, would have affirmed the capital-murder conviction and death sentence.