Blueford v. Arkansas (2011)
- Docket
- 10-1320
- Decided
- 2011-01-01
Summary
Question: 1. Did the jury forewoman's announcements of unanimous votes on capital and first-degree murder constitute acquittals under the Fifth Amendment's Double Jeopardy Clause, prohibiting Arkansas from retrying Blueford on those charges? 2. Was there was a manifest necessity to declare a mistrial on charges of capital and first-degree murder? Conclusion: No and yes. In a 6-3 decision written by Chief Justice John Roberts, the Court held that the Double Jeopardy Clause did not prohibit Arkansas from retrying Blueford on charges of capital and first-degree murder. Chief Justice Roberts rejected Blueford's argument that the jury actually acquitted him of capital and first-degree murder. He determined that the forewoman's report was not a final resolution of anything, reasoning that the jury instructions left the jury free to reconsider its vote on the capital and first-degree murder charges after the forewoman's report. Unlike cases where acquittal on lesser charges precluded retrial on greater charges, the jury's decision here was not final. Chief Justice Roberts also held that the trial court's declaration of a mistrial was proper, rejecting Blueford's argument that there was not manifest necessity to declare a mistrial. Blueford conceded that a jury deadlock was the classic basis for declaring a mistrial, and accepted that a second trial on manslaughter and negligent homicide would not pose a double jeopardy problem. Although Blueford argued that the court should have given effect to the jury's unanimous votes on capital and first-degree murder, Chief Justice Roberts noted that Arkansas law only allowed for a guilty verdict on one or more charges, or a complete acquittal on all charges. Justice Sonia Sotomayor dissented, joined by Justices Ruth Bader Ginsburg and Elena Kagan. She characterized the forewoman's announcements of unanimous votes on capital and first-degree murder as acquittals, arguing that Arkansas required a jury to acquit on greater charges before considering lesser charges. She also disagreed that the jury was free to reconsider its unanimous votes on the charges. Finally, Justice Sotomayor argued that manifest necessity required trial judges in acquittal-first jurisdictions to honor requests for a partial verdict before declaring a mistrial; moreover, there was no clear necessity for a mistrial.