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| Supreme Court To Decide On Death Sentence Double Jeopardy |
| By Associated Press |
| Published: 03/20/2002 |
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The Supreme Court agreed Monday to consider whether some death sentences are unconstitutional double jeopardy. The court said it will hear an appeal from a Pennsylvania death row inmate whose first murder trial ended with the jury imposing a life sentence because it could not agree on whether to condemn him to death. David Sattazahn appealed his conviction in 1992, and a court eventually ordered a new trial. Before the second trial began, state prosecutors said they would again seek a death sentence, and state courts rejected Sattazahn's lawyers arguments that the death penalty was no longer an option since one jury had already considered the issue. The Constitution guarantees 'nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb.' Sattazahn was reconvicted in 1999, and the second jury sentenced him to death for the 1987 robbery and killing of a restaurant manager. The case traces a narrow path between issues the high court has already settled, and is unlikely to mean any dramatic rewriting of the nation's death sentencing laws. 'Long-established constitutional doctrine imposes no limitations whatsoever upon the power to retry a defendant who has succeeded in getting his first conviction set aside,' state prosecutors wrote in urging the high court not to get involved. 'This constitutional guarantee also makes clear that the guarantee against double jeopardy imposes no restrictions upon the length of a sentence imposed upon reconviction.' The case is Sattazahn v. Pennsylvania, 01-7574. |
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