State v. Reeder (Signed Opinion)
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The Supreme Court answered a certified question that a jury's failure unanimously to decide the recommendation of mercy does not allow the circuit court to impose a sentence of life imprisonment required for a conviction of first-degree murder pursuant to W. Va. Code 61-2-2.
After a jury trial, Defendant was convicted of murder in the first degree and conspiracy to commit murder. After the mercy phase of the bifurcated trial the jury was unable to reach a unanimous verdict as to mercy. The court ultimately discharged the jury and certified the question at issue to the Supreme Court. The Supreme Court answered the question in the negative, holding (1) in a first-degree murder trial, the jury deciding whether the defendant receives mercy must reach a unanimous verdict; and (2) if the jury cannot reach a unanimous verdict then the trial court must declare a mistrial and impanel a new jury to determine whether Defendant should receive mercy.
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