Daveswife
05-22-2002, 05:21 PM
This information is forwarded by Virginia CURE
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Welcome to the Northern Virginia Region & Local Section 22-May-02
Capital murder conviction reversed
RICHMOND - The Virginia Court of Appeals on Tuesday reversed the capital murder conviction of one of eight men charged in the rape and slaying of a woman while her husband was at sea with the Navy.
Norfolk Circuit Judge Charles E. Poston erroneously instructed the jury that Derek Tice could be convicted of capital murder if he acted in concert with the others, even if he did not kill the woman, the appeals court ruled.
``Except in the case of murder for hire, only the actual perpetrator of the crime may be convicted of capital murder,'' the three-judge panel said in its unanimous opinion.
Tice could be retried on a first-degree murder charge.
In 2000, an Arlington County jury convicted Tice in the July 8, 1997, rape and slaying of Michelle Moore-Bosko, 18, who was strangled and stabbed in her Norfolk apartment. Tice's trial was moved because of news coverage in the Norfolk area. Tice was sentenced to two life terms.
- ASSOCIATED PRESS
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Man was born into barbarism when killing his fellow man was a normal condition of existence. He became endowed with a conscience. And he has now reached the day when violence toward another human being must become as abhorrent as eating another's flesh.
Martin Luther King, Jr., Why We Can't Wait, 1963.
(Please send email to Virginia CURE if you wish to be removed from this list.)
Welcome to the Northern Virginia Region & Local Section 22-May-02
Capital murder conviction reversed
RICHMOND - The Virginia Court of Appeals on Tuesday reversed the capital murder conviction of one of eight men charged in the rape and slaying of a woman while her husband was at sea with the Navy.
Norfolk Circuit Judge Charles E. Poston erroneously instructed the jury that Derek Tice could be convicted of capital murder if he acted in concert with the others, even if he did not kill the woman, the appeals court ruled.
``Except in the case of murder for hire, only the actual perpetrator of the crime may be convicted of capital murder,'' the three-judge panel said in its unanimous opinion.
Tice could be retried on a first-degree murder charge.
In 2000, an Arlington County jury convicted Tice in the July 8, 1997, rape and slaying of Michelle Moore-Bosko, 18, who was strangled and stabbed in her Norfolk apartment. Tice's trial was moved because of news coverage in the Norfolk area. Tice was sentenced to two life terms.
- ASSOCIATED PRESS
`````````````````````````````````````````````````` `````````````````````````````````````
Man was born into barbarism when killing his fellow man was a normal condition of existence. He became endowed with a conscience. And he has now reached the day when violence toward another human being must become as abhorrent as eating another's flesh.
Martin Luther King, Jr., Why We Can't Wait, 1963.