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ON THE DOUBLE

In Blueford v. Arkansas, the United States Supreme Court found that the State of Arkansas could retry a man for murder even though all twelve jurors had unanimously determined that he wasn't guilty of either capital or first degree murder. (The trial judge nonetheless declared a mistrial when the group, deadlocked on a lesser charge of manslaughter, didn't vote on the negligent homicide charge.)

In a 6-3 decision, penned by Chief Justice Roberts, our nation's highest court concluded that because Blueford was neither cleared nor formally acquitted of any charges, he could be retried on all counts. Three dissenting judges, led by Justice Sotomayor, were of the view that the Constitutional prohibition against double jeopardy barred the state from relitigating the capital and first-degree murder offenses since the jury's intent to acquit was unequivocal.

Is liberty in jeopardy?

To view the Supreme Court's decision, please use this link: Blueford v. Arkansas

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