Michael Charles Satcher v. Commonwealth of Virginia

Summary

A bifurcated capital trial ended in convictions for the robbery, assault and battery, and attempted rape of Deborah Abel and the robbery, rape, and capital murder of Ann Borghesani, with the jury fixing punishment at death on both the future-dangerousness and vileness predicates. On consolidated automatic review and appeal, the Supreme Court of Virginia affirmed, holding the trial court did not abuse its discretion in joining the offenses because they were closely connected in time, place, and means of commission and constituted parts of a common scheme or plan, and that any joinder error was non-reversible because the Abel offenses would have been admissible in a separate murder trial. The court reaffirmed that DNA testing is a reliable scientific technique, upheld Code § 19.2-270.5 against facial, vagueness, and as-applied challenges as a rule of evidence rather than a burden-shifting presumption, admitted the eyewitness identifications of Abel and Joyce Bern, found the evidence sufficient on identity, and concluded the death sentence was neither the product of passion or prejudice nor excessive or disproportionate. Justice Hassell, joined by Justice Whiting, dissented, contending the denial of separate trials was reversible error because the offenses were neither connected nor parts of a common scheme or plan and joinder denied Satcher due process.