The EDTX Criminal Defense Blog is dedicated to providing news and notes regarding federal criminal practice in the Eastern District of Texas. Please email Carlo D'Angelo any news (including verdicts, rulings, etc) to be posted at carlo@dangelolegal.com

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Friday, May 25, 2012

Supreme Court Limits Double Jeopardy

In Blueford v. Arkansas, 10-1320, petitioner was on trial for capital murder. The jury informed the court that they were unanimous that petitioner was not guilty of capital murder but deadlocked on a lesser count. The trial judge declared a mistrial. The Supreme Court held that since petitioner was not acquitted of capital or first-degree murder, even though the forewoman announced in open court that the jury was “unanimous against” convicting Blueford of those crimes, he nevertheless could be retried for capital murder.

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