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Friday, April 18, 2014

Sheppard on Double Jeopardy and Mandating Partial Verdicts in "Acquit First" Cases

James Robert Sheppard III has posted Double Jeopardy Blues: Why in Light of Blueford v. Arkansas States Should Mandate Partial Verdicts in 'Acquit First' Cases (Mississippi Law Journal, Vol. 83, Forthcoming) on SSRN. Here is the abstract:

Prior to Blueford v. Arkansas, state courts were split regarding whether the Double Jeopardy clause requires a trial judge to issue a partial verdict when a jury has has become deadlocked regarding a lesser included charge after being given “acquit first” transition instruction. The Court in Blueford recently held that in the same circumstances, a defendant’s double jeopardy rights are not violated when a trial judge refuses to issue a partial verdict. Accordingly, this comment advocates that in light of Blueford, states give effect to the jury’s decision to not convict the defendant of the greater charge by requiring a trial judge grant a defendant’s motion for partial verdict, thereby providing broader double jeopardy protections than now constitutionally required.

http://lawprofessors.typepad.com/crimprof_blog/2014/04/sheppard-on-double-jeopardy-and-mandating-partial-verdicts-in-acquit-first-cases.html

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