Friday, April 18, 2014
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.