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ANDREWS v. COM.

Record Nos. 100374, 100375.

699 S.E.2d 237 (2010)

Joshua Wayne ANDREWS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

September 16, 2010.

Attorney(s) appearing for the Case

Matthew L. Engle, Deputy Capital Defender (Mark Petrovich; Thomas Walsh, Fairfax; Eileen Connor; Petrovich & Walsh; Gibbons, P.C., on briefs), for appellant.

Steven A. Witmer, Senior Assistant Attorney General (Kenneth T. Cuccinelli II, Attorney General; Jerry P. Slonaker, Senior Assistant Attorney General, on brief), for appellee.

Present: HASSELL, C.J., KOONTZ, KINSER, LEMONS, GOODWYN, and MIMS, JJ., and LACY, S.J.

Opinion by Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we review the four capital murder convictions and death sentences imposed upon Joshua Wayne Andrews for the murders of Romanno Avellino Head and Robert Irvin Morrison. Although we will affirm Andrews' convictions, because of non-harmless errors that occurred during the penalty-determination phase of the trial, we will vacate the death sentences and remand the case for a new penalty-determination proceeding...

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