State v. Burnett
Annotate this CaseA jury convicted Theodore Burnett of capital murder and aggravated kidnapping for his role in the kidnapping and murder of a pregnant fourteen-year-old. After the jury was unable to reach a unanimous verdict in the penalty phase of the trial regarding imposition of the death penalty, the sentencing court imposed a life sentence with no possibility of parole on the capital murder conviction. The Supreme Court affirmed, holding (1) Burnett's argument that the verdict forms used in the penalty phase of the trial insufficiently protected his constitutional right to be free from double jeopardy in any future prosecution was not ripe for appellate review; (2) the prosecutor did not commit reversible misconduct by making certain comments during closing argument; (3) the trial court did not err in admitting autopsy photographs and in instructing that another trial would be a burden on both sides; and (4) the Court had no jurisdiction to address Burnett's challenge to his presumptive sentence for his kidnapping conviction.
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