Jeffery Lichtenstein v. Tre Hargett

Oral argument

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Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that only a finding \that no aggravating circumstance is present is an acquittal barring a second death sentence proceeding\ (quotation omitted)
• holding that only a finding “that no aggravating circumstance is present is an acquittal barring a second death sentence proceeding” (quotation omitted)
• holding that trial judge’s refusal to final aggravating circumstance was not acquittal of that circumstance for double jeopardy purposes
• finding that aggravating circumstances are not separate penalties, but are merely standards to help guide jury in deciding between life or death verdict
• holding that resentencing hearing in capital case is not barred by Double Jeopardy when appeals court rejects sole aggravating factor found by sentencer; failure of sentencer to find other alleged aggravating factors is not an \acquittal\ of these factors for Double Jeopardy purposes
• stating that double jeopardy clause does not apply to sentencing phase of capital murder case, at which the \clean slate\ rule applied

Source: CourtListener parenthetical corpus (CC0).