Turner v. Commonwealth

VIRGINIA:

In the Supreme Court of Virginia held at the Supreme Court
Building in the City of Richmond on Friday, the 14th day of
November, 1997.

Edwin Cecil Turner, Jr., Appellant,

against Record No. 962555
Court of Appeals No. 0986-94-3

Commonwealth of Virginia, Appellee.

Upon an appeal from a judgment rendered by the
Court of Appeals of Virginia on the 1st day of October,
1996.

Upon consideration of the record, the briefs, and argument of

counsel, the Court is of opinion that no error exists in the

judgment of the Court of Appeals of Virginia upholding a trial

court's judgment confirming the verdict of a jury that found Edwin

Cecil Turner, Jr., "guilty of first degree murder and fix[ed] his

punishment at: imprisonment for life."

At trial, the Circuit Court of the City of Roanoke instructed

the jury on the definitions of first degree murder, second degree

murder, self defense, and irresistible impulse, but ruled that the

evidence was insufficient to support an instruction defining

voluntary manslaughter. The Court of Appeals reversed that

ruling, but held that the trial court's error was harmless and

affirmed the conviction and the penalty imposed. Turner v.

Commonwealth, 23 Va. App. 270, 476 S.E.2d 504 (1996). For the

reasons stated by the Court of Appeals, its judgment is affirmed.

Justice Koontz took no part in the consideration or

disposition of this appeal.

The defendant will pay to the Commonwealth thirty dollars in
damages.

It is ordered that the said circuit court allow counsel for

the appellant a fee of $725 for services rendered the appellant on

this appeal, in addition to counsel's costs and necessary direct

out-of-pocket expenses.

The Commonwealth shall recover of the appellant the amount

paid court-appointed counsel to represent him in this proceeding,

counsel's costs and necessary direct out-of-pocket expenses, and

the fees and costs to be assessed by the clerk of this Court and

the clerks of the courts below.
JUSTICE LACY and JUSTICE HASSELL, dissent.

This order shall be certified to the Court of Appeals of

Virginia and the Circuit Court of the City of Roanoke and shall be

published in the Virginia Reports.

A Copy,

Teste:

David B. Beach, Clerk
Costs due the Commonwealth
by appellant in the Supreme
Court of Virginia:

Attorney's fee: $725.00 plus costs and expenses

Teste:

Clerk