Davis v. Commonwealth
Annotate this CaseA circuit court jury convicted Frederick Davis of first-degree manslaughter and first-degree attempted manslaughter. Davis appealed, contending (1) the trial court erred by empanelling a new jury to determine whether to run his sentences for the two crimes concurrently or consecutively; and (2) even if the trial court properly empanelled a new jury, it employed erroneous procedures for the second penalty phase. The Supreme Court affirmed, holding (1) the trial court acted well within its discretion to conduct a trial when it empanelled a new jury to decide whether to run Davis's sentences concurrently or consecutively, in whole or in part; and (2) the trial court appropriately conducted the second penalty phase.
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