Case Brief on Blueford v. Arkansas

1.  Issue:    Does the Double Jeopardy Clause bar prosecution of a greater offense after a jury announces that it has voted against guilt on that greater offense if a jury deadlocks on a lesser offense?
Does double jeopardy apply to a lesser included offense that a jury

After a jury announces that it has voted against guilt of a greater offense, will the double jeopardy clause bar prosecution of the greater offense in the event the jury deadlocks on a lesser offense

2.  Concise Rule of
Law:    The Supreme Court decided that neither the forewoman’s explicit announcement of a not guilty verdict on the two murder charges or the jury instructions produced an acquittal on those charges because “a judgment is not valid until entered of record.” They continued to explain that some states, which it viewed as a minority, have held that “double jeopardy requires a partial verdict of acquittal as to the greater offenses if the jury is deadlocked only as to the lesser offenses.” But the Arkansas Supreme Court did not agree with these other states, stating that they were persuaded by the rationale these states used because in their view a hung jury produces no verdict at all.

3.  Facts Analysis:    The issue in this case is not whether or not

4. Conclusion:    This section of your brief should summarize all of the written opinions (Majority, Concurring and Dissenting) beginning with the majority opinion which has the force of law.  In the example above (Florida v. J.L) there was only one written opinion as it was a 9-0 decision. Most cases are not unanimous which means in addition to a majority decision, you are likely to have a dissenting opinion.  A concurring opinion is one where the judge (or judges) agreed with either the majority or dissent but chose to write a separate opinion to reflect a different rationale for their decision. Each summary of recorded opinions should reflect which Justice authored the opinion and which, if any, Justices joined him/her in the opinion.

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