On appeal to the Supreme Court of Virginia, Lovitt argued, among other issues, the following:  (1) the trial court erred in allowing the testimony of several witnesses; (2) the trial court abused its discretion by failing to strike for cause a juror who had lived next to five neighbors who had been murdered; (3) trial court violated Lovitt’s right to a fair and impartial jury by refusing to allow the defendant to individually examine prospective jurors during voir dire; (4) the trial court failed to protect Lovitt’s constitutional rights by refusing to award the defendant additional peremptory challenges; and (5) the trial court erred in refusing to permit Lovitt to argue to the jury that because there is no parole for convicted capital defendant a life sentence was the equivalent to death in prison.  The Supreme Court of Virginia found no error on the part of the trial court and affirmed Lovitt’s conviction and death sentence. 

Lovitt has been on death row since March 1, 2000.