Bullington v. Missouri

Background

Robert Bullington, a man convicted of capital murder in Missouri, was first sentenced to life imprisonment by a jury after a separate death-phase hearing. The trial court later granted him a new trial because of a jury-selection error. The State then said it would again seek the death penalty at the new trial. Bullington argued that the Constitution’s protection against being tried twice for the same matter (double jeopardy) barred a second attempt to get a death sentence.

Reasoning

The Court examined whether Missouri’s two-stage death penalty process made the first jury’s life verdict equivalent to an acquittal on the death question. The Missouri process resembled a second trial: the same jury heard evidence, the prosecution had to prove listed aggravating facts beyond a reasonable doubt, the jury had to be unanimous and write down its findings, and the jury could choose life even if it found aggravating facts. The majority concluded these features meant the jury had effectively decided that the State had not proved it deserved to impose death. Under established double jeopardy principles, the State cannot get another chance to prove that same case for death.

Real world impact

As a result, prosecutors in Missouri and similarly structured states cannot seek the death penalty again after a jury has already rejected it following a full, adversarial death-phase hearing. The Supreme Court reversed the Missouri high court and sent the case back for further proceedings consistent with this ruling.

Dissents or concurrances

Four Justices dissented, arguing this decision departs from earlier precedent and that sentencing decisions differ in kind from acquittals on guilt.