Romine v. Georgia
Headline: Denial of rehearing leaves a Georgia death sentence intact while Justice Marshall warns jury polling and an Allen instruction likely coerced the verdict, urging the state courts to reconsider sentencing procedures.
Holding: The Court denied a petition for rehearing, effectively leaving the Georgia death sentence in place despite Justice Marshall’s view that jury polling and an Allen charge likely coerced the verdict and required reconsideration.
- Leaves the defendant’s death sentence intact unless Georgia courts reopen sentencing.
- Highlights limits on judges using polling and Allen instructions during deliberations.
- May prompt a state court review of the sentence under this Court’s guidance.
Summary
Background
Larry Romine was convicted of capital murder and sentenced to death. The Georgia Supreme Court reversed the sentence and ordered a new sentencing trial. At the retrial, after almost seven hours of deliberation and an overnight recess, the jury sent a note saying it was unable to reach a unanimous decision and was “certain we will not ever be able to reach one.” The judge asked for a numerical split and was told it was 11 to 1. After more deliberations and a later 5½-hour delay, the judge gave a supplemental instruction known as an Allen charge. Two hours later the jury returned a unanimous death verdict. Under Georgia law a hung jury at sentencing results in an automatic life sentence.
Reasoning
The central question described by Justice Marshall is whether the judge’s polling and the Allen charge coerced the jury into agreement. Marshall relied on this Court’s recent Lowenfield decision but stressed that Lowenfield was limited to its specific facts. He identified key differences here: the judge’s polling appeared focused on how jurors stood on the merits, the jury had emphatically said it could not agree, the judge summoned the jury and gave unfamiliar supplemental instructions, and the judge knew the division was 11–1 when he gave the Allen charge. For these reasons, Marshall argued the vote was likely coerced and urged that the Georgia Supreme Court be given a chance to reevaluate the sentence.
Real world impact
The immediate effect is that the denial of rehearing leaves the death sentence in place unless a state court reopens sentencing. The opinion highlights limits on when judges can use polling and Allen-type instructions in capital cases, especially where a hung jury would otherwise produce life imprisonment. Marshall’s view could lead to further review of this trial’s sentence under the Court’s recent guidance.
Dissents or concurrances
Justice Marshall dissented and also stated his broader view that the death penalty is always cruel and unusual punishment, which would independently justify vacating the sentence.
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