778 S.E.2d 554
Va. Ct. App.2015Background
- On Nov. 27, 2012, Traer Tisdale waited across the street from Lekeia Griffin’s home, approached her car, and shot her repeatedly; Griffin later died. Tisdale surrendered and gave an inculpatory statement admitting he lay in wait and shot her.
- Tisdale was indicted for first-degree murder by lying in wait (Code § 18.2-32) and pled guilty conditionally after the trial court granted a pretrial motion.
- The Commonwealth moved in limine to exclude any evidence that Tisdale was voluntarily intoxicated at the time of the offense.
- The trial court granted the Commonwealth’s motion and excluded intoxication evidence; Tisdale argued this evidence was admissible to negate premeditation and reduce the charge to second-degree murder.
- The Court of Appeals reviewed the exclusion for abuse of discretion and whether the statute required premeditation for murder by lying in wait.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voluntary intoxication evidence is admissible to negate premeditation for a charge of first-degree murder by lying in wait | Commonwealth: Lying-in-wait is a distinct enumerated first-degree murder not requiring premeditation; intoxication to negate premeditation is therefore irrelevant | Tisdale: Voluntary intoxication can negate deliberation/premeditation and thus should reduce first-degree murder to second-degree even where charged as lying in wait | Court: Affirmed exclusion — lying-in-wait is an enumerated first-degree murder that does not require premeditation, so voluntary intoxication to negate premeditation is irrelevant and properly excluded |
Key Cases Cited
- Wright v. Commonwealth, 234 Va. 627 (voluntary intoxication generally not an excuse; exception only to negate deliberation/premeditation for first-degree murder)
- Essex v. Commonwealth, 228 Va. 273 (voluntary intoxication may negate deliberation/premeditation and reduce to second-degree when premeditation is an element)
- Herbin v. Commonwealth, 28 Va. App. 173 (intoxication relevant only when first-degree charge is based on willful, deliberate, premeditated killing)
- Commonwealth v. Jones, 28 Va. (1 Leigh) 598 (historical exposition that lying in wait is an enumerated first-degree murder and need not involve intent to kill)
- Mason v. Commonwealth, 64 Va. App. 599 (standard for appellate review of evidentiary rulings)
- Lee Cty. v. Town of St. Charles, 264 Va. 344 (statutory interpretation: plain meaning governs)