The Virginia Supreme Court has refused Elva Rosemary Nixon’s petition for appeal in her second-degree murder conviction in the Jan. 5, 2004 shooting of Donald Brady that led to his death later that month.

Nixon was found guilty by a Carroll County Grand Jury in Jan. of 2006 of second-degree murder, robbery and two counts of using a firearm in Brady’s death. Carroll County Circuit Court Judge Brett Geisler upheld the jury’s recommendation of 33 years in prison during her sentencing in June of 2006.

A report dated Sept. 24 from the Virginia Supreme Court simply stated, “Upon review of the record in this case and consideration of the argument submitted in support of the granting of an appeal, the Court refuses the petition for appeal.”

Commonwealth’s Attorney Gregory G. Goad said he thought the Virginia Supreme Court made the correct decision in refusing to grant the appeal on Sept. 24.

“I am pleased the Virginia Supreme Court has denied the petition for appeal,” Goad said. “She received a fair trail and was found guilty by a jury of her peers.”

Nixon’s defense team had appealed her convictions twice before, originally citing seven different grounds for the appeal. The Virginia Court of Appeals issued a 12-page opinion on Feb. 13, 2007 stating the reasons Nixon’s appeal was denied at that time. Her defense team filed for consideration of a three-judge panel of the court of appeals within the required 14 days, however, leading to a second hearing.

The three-judge panel of the Virginia Court of Appeals heard three questions before ruling to uphold her convictions on March 25 of this year.