Osburn v. State
Annotate this CaseAppellant Kenneth Osburn was convicted of capital murder and kidnapping and was sentenced to life without parole and life respectively. Osburn appealed, and the Supreme Court reversed and remanded the case based on trial error in the admission of evidence. On interlocutory appeal, Appellant challenged the trial court's denial of his motion to prohibit the State from seeking the death penalty on retrial of the charge of capital murder, asserting that because he was sentenced to life without parole as a matter of law when the jury deadlocked in the penalty phase at his first trial, principles of double jeopardy precluded imposition of the death penalty on retrial. The Supreme Court affirmed, holding that upon remand, the State may seek the death penalty as (1) the failure of a jury to reach a decision fails to act as an acquittal on the death penalty, and (2) the mandatory entry of a sentence of life without parole as a matter of law involves no findings and does not trigger a double-jeopardy bar on retrial.
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