5.12 Post-sentence Reports

• Library: Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.)

5.12 POST-SENTENCE REPORTS

Section 19.2-264.5 of the Virginia Code provides that

[w]hen the punishment of any person has been fixed at death, the court shall, before imposing sentence, direct a probation officer of the court to thoroughly investigate the history of the defendant and any and all relevant facts, to the end that the court may be fully advised as to whether the sentence of death is appropriate and just. . . . After consideration of the report, and upon good cause shown, the court may set aside the sentence of death and impose a sentence of imprisonment for life. Notwithstanding any other provision of law, if the court sets aside the sentence of death and imposes a sentence of imprisonment for life, it shall include in the sentencing order an explanation for the reduction in sentence.

In Bailey v. Commonwealth, ²⁷³ the court explained that the records of prior capital murder cases maintained pursuant to section 17.1-313(E) of the Virginia Code are available to the circuit courts upon request; however,

nothing in the statute requires the circuit court to make such a request, the matter being one committed to the trial court's discretion. . . . Moreover, [the defendant] confuses the appropriateness review conducted by the trial court pursuant to Code § 19.2-264.5 with the proportionality review conducted by this Court pursuant to Code § 17.1-313(C)(2). The proportionality review conducted by this Court in all death sentence cases suffices to secure the rights of the defendant in this regard.

Lovitt v. Commonwealth ²⁷⁴ added:

the death penalty statutes do not...