In a penalty retrial of a convicted murderer, what is the effect of a hung jury at the penalty phase of his penalty trial?

California, United States of America


The following excerpt is from People v. Gurule, 123 Cal.Rptr.2d 345, 28 Cal.4th 557, 51 P.3d 224 (Cal. 2002):

The jury that found defendant guilty at the guilt phase of the trial eventually deadlocked 10 to two on the appropriate penalty. The trial court declared a mistrial and discharged the jury. At the penalty phase retrial, a newly empanelled jury decided defendant deserved the death penalty. Defendant raises several issues concerning these events. As we recently have explained, alleged errors in the penalty phase of a capital trial that results in a hung jury for inability to reach a unanimous verdict generally cannot result in relief on appeal when the defendant is subsequently given a penalty retrial. People v. Slaughter, supra, 27 Cal.4th at p. 1212, 120 Cal.Rptr.2d 477, 47 P.3d 262.) Because defendant here contends that errors in his first penalty trial improperly contributed to a mistrial and penalty retrial that, he claims, violated his rights under the double jeopardy clause, we proceed to discuss his claims.

Other Questions


In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Is there any case law where the trial court allowed the use of photographs of a murder victim as evidence in the penalty phase of a death penalty? (California, United States of America)
What is the test for granting a motion for a new trial based on comments made by a juror during deliberations during the penalty phase of a death penalty trial? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
In a penalty case, in what circumstances was the trial court's opinion that defense counsel had done a great job preparing the penalty phase? (California, United States of America)
Is a jury's error at the guilt and penalty phases of a death penalty trial invalid? (California, United States of America)
What is the test for a jury to convict a defendant of murder during the penalty phase? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.