- Last Updated on 05:46 PM 05/24/12
- BY The Gazette-Virginian
A motions hearing in the James Lloyd Terry capital murder case, set for today in Halifax County Circuit Court, has been postponed.
In an earlier motions hearing this month, lawyers from Terry’s capital defense team argued the capital charge should be dropped because the state’s sentencing standards are arbitrary and capricious.
Halifax County Commonwealth’s Attorney Kim White vigorously opposed the defendant’s motion to dismiss the capital charge against Terry.
“This capital defense argument has been repeatedly raised and rejected by the Virginia State Court, although defense counsel neglects to cite those cases in [its] motion,” White said in her response in court earlier this month.
Judge Joel Cunningham took the motion under advisement and had originally set today as the date to consider that and other motions.
Terry, a 40-year-old native of Halifax, is accused of capital murder and rape related to the April 2011 death of 84-year-old Charlotte Osborne Rice.
An autopsy report confirmed Rice died from blunt force trauma to the head.