blueford arkansas argued february decided may state arkansas charged petitioner alex blueford capital murder death child charge included lesser offenses murder manslaughter negligent homicide start deliberations trial instructed jury consider offenses follows reasonable doubt defendant guilt charge capital murder consider charge murder first degree reasonable doubt defendant guilt charge murder first degree consider charge manslaughter reasonable doubt defendant guilt charge manslaughter consider charge negligent homicide also presented jury set verdict forms allowed jury either convict blueford one charged offenses acquit acquitting others option deliberating hours jury reported reach verdict inquired jury progress offense foreperson disclosed jury unanimous guilt charges capital murder murder deadlocked manslaughter voted negligent homicide told jury continue deliberate jury still reach verdict declared mistrial state subsequently sought retry blueford moved dismiss capital murder charges double jeopardy grounds trial denied motion arkansas affirmed interlocutory appeal held double jeopardy clause bar retrying blueford charges capital murder murder pp jury acquit blueford capital murder blueford contends foreperson report jury unanimous guilt murder offenses represented resolution elements offenses favor report final resolution anything foreperson told jury voted offense jury deliberations yet concluded jurors fact went back jury room deliberate nothing instructions prohibited reconsidering votes capital murder deliberations continued foreperson report prior end deliberations therefore lacked finality necessary amount acquittal offenses lack finality undermines blueford reliance green price georgia cases verdict jury final decision report foreperson pp trial declaration mistrial improper trial discontinued without barring subsequent one offense particular circumstances manifest necessity declare mistrial wade hunter blueford contends necessity mistrial capital murder given foreperson report jury voted unanimously guilt charges according blueford time taken action whether new partial verdict forms means allow jury give effect votes considered mistrial remaining charges blueford acknowledges however trial reason declaring mistrial jury unable reach verdict long considered classic basis establishing necessity arizona washington never required trial declaring mistrial hung jury consider particular means breaking impasse let alone consider giving jury new options verdict see renico lett permitted arkansas law jury options case limited two either convict one offenses acquit trial abuse discretion refusing add another option acquitting offenses others pp ark affirmed roberts delivered opinion scalia kennedy thomas breyer alito joined sotomayor filed dissenting opinion ginsburg kagan joined opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press alex blueford petitioner arkansas writ certiorari arkansas may chief justice roberts delivered opinion double jeopardy clause protects tried twice offense clause however bar second trial first ended mistrial jury concluded deliberations case reported unanimous guilt charges capital murder murder deadlocked manslaughter voted negligent homicide told jury continue deliberate jury still reach verdict declared mistrial agree defendant may retried charges manslaughter negligent homicide question whether may also retried charges capital murder matthew mcfadden suffered severe head injury november home mother boyfriend alex blueford despite treatment hospital mcfadden died days later state arkansas charged blueford capital murder waived death penalty state theory trial blueford injured mcfadden intentionally causing boy death nder circumstances manifesting extreme indifference value human life ark code ann supp defense contrast portrayed death result blueford accidentally knocking mcfadden onto ground trial instructed jury charge capital murder included three lesser offenses murder manslaughter negligent homicide addition describing offenses addressed order jury consider reasonable doubt defendant guilt charge capital murder consider charge murder first degree reasonable doubt defendant guilt charge murder first degree consider charge manslaughter reasonable doubt defendant guilt charge manslaughter consider charge negligent homicide app prosecution commented instructions closing argument told jury example consider lesser included capital murder must first vote man guilty capital murder prosecution explained situation lay everything say well four choices one fit rather prosecution emphasized unless agree man actions consistent capital murder go murder first degree ibid parties concluded arguments presented jury set five verdict forms representing possible verdict four separate forms allowing jury convict charged offenses capital murder murder manslaughter negligent homicide fifth form allowed jury return verdict acquittal jury found blueford guilty offense form allowing jury acquit offenses others stated instructions jury either find defendant guilty one offenses acquit outright verdict whether convict one acquit unanimous hours beginning deliberations jury sent note asking happens agree charge called jury back courtroom issued allen instruction emphasizing importance reaching verdict see allen jury deliberated half hour sending second note stating agree one charge case app summoned jury jury foreperson reported jury hopelessly deadlocked ibid asked foreperson disclose jury votes offense right numbers together want names numbers like know count capital murder juror number one unanimous okay murder first degree juror number one unanimous okay manslaughter juror number one nine three okay negligent homicide juror number one vote sir vote juror number one sir get past manslaughter supposed go past thought supposed go one time following exchange gave another allen instruction sent jurors back jury room deliberations resumed blueford counsel asked submit new verdict forms jurors completed counts reached verdict prosecution objected grounds jury still deliberating verdict acquittal nothing denied blueford request allow partial verdict explained like changing horses middle stream given jury already received instructions verdict forms ibid informed counsel declare mistrial jury make decision jury returned half hour later foreperson stated reached verdict declared mistrial discharged jury state subsequently sought retry blueford moved dismiss capital murder charges double jeopardy grounds citing foreperson report jurors voted unanimously guilt offenses trial denied motion arkansas affirmed interlocutory appeal according state foreperson report effect state ability retry blueford foreperson making formal announcement acquittal disclosed jury votes ark case observed formal verdict announced entered record ibid added trial err denying blueford request new verdict forms allowed jury render partial verdict charges capital murder blueford sought review granted certiorari ii double jeopardy clause provides person shall subject offence twice put jeopardy life limb amdt clause guarantees state shall permitted make repeated attempts convict accused thereby subjecting embarrassment expense ordeal compelling live continuing state anxiety insecurity well enhancing possibility even though innocent may found guilty martin linen supply internal quotation marks omitted blueford contends foreperson report means tried charges capital murder according blueford double jeopardy clause prohibits second trial charges two reasons blueford primary submission retried capital murder jury actually acquitted offenses see green arkansas noted blueford acknowledges formal judgment acquittal entered case none necessary blueford maintains acquittal matter substance form quoting decision martin linen supra blueford contends despite absence formal verdict jury announcement constitutes acquittal represents resolution factual elements offense charged brief petitioner according blueford foreperson announcement jury unanimous votes capital murder represented resolution elements offenses blueford favor disagree foreperson report final resolution anything foreperson told jury voted offense jury deliberations yet concluded jurors fact went back jury room deliberate even foreperson delivered report emerged half hour later foreperson stated unable reach verdict gave indication whether still case jurors believed blueford guilty capital murder believed guilty manslaughter vote taken negligent homicide fact deliberations continued report deprives report finality necessary constitute acquittal murder offenses blueford maintains however possibility jurors revisited murder offenses foreclosed instructions given jury instructions contends required jury consider offenses order greater lesser also prevented transitioning one offense next without unanimously definitively resolving greater offense favor jury presumed follow instructions weeks angelone blueford says foreperson report jury deadlocked manslaughter necessarily establishes jury acquitted blueford greater offenses capital murder even assume instructions required unanimous vote jury consider lesser offense state assumes purposes case see brief respondent nothing instructions prohibited jury reconsidering vote instructions said simply reasonable doubt defendant guilt charge greater offense consider charge lesser offense app jurors never told reasonable doubt rethink issue jury free reconsider greater offense even considering lesser simple example illustrates point jury enters jury room given instructions foreperson decides make sense determine extent jurors agreement discussions begin accordingly conducts vote capital murder everyone votes guilt murder everyone votes guilt calls vote manslaughter disagreement jurors engage discussion circumstances crime considering arguments jurors death caused one jurors starts rethinking stance greater offense reflecting evidence comes believe defendant knowingly cause death satisfying definition murder point nothing instructions prohibits jury juries often revisit prior vote object jury system secure unanimity comparison views arguments among jurors allen single juror change mind takes require jury reconsider greater offense therefore possible blueford jury revisit offenses capital murder notwithstanding earlier votes possibility foreperson report prior end deliberations lacked finality necessary amount acquittal offenses quite apart requirement formal verdict returned judgment entered lack finality undermines blueford reliance green price georgia cases held double jeopardy clause violated defendant tried greater offense convicted lesser included offense later retried greater offense see green supra price supra blueford argues fact distinguishing case green price case involves deadlock lesser included offense opposed conviction view distinction favors double jeopardy clause anything afford greater protection defendant found guilty lesser included offense blueford argument assumes however votes reported foreperson change even though jury deliberated report assumption unjustified reported votes reasons noted final blueford thus overlooks real distinction cases green price verdict jury final decision report foreperson blueford maintains even jury acquit capital murder second trial offenses nonetheless violate double jeopardy clause trial declaration mistrial improper blueford acknowledges trial discontinued without barring subsequent one offense particular circumstances manifest necessity declare mistrial wade hunter see also perez wheat also acknowledges trial reason declaring mistrial jury unable reach verdict long considered classic basis establishing necessity arizona washington blueford therefore accepts second trial manslaughter negligent homicide pose double jeopardy problem contends however necessity mistrial capital murder given foreperson report jury voted unanimously guilt charges according blueford time taken action whether partial verdict forms means allow jury give effect votes considered mistrial remaining charges reply brief petitioner reject suggestion never required trial declaring mistrial hung jury consider particular means breaking impasse let alone consider giving jury new options verdict see renico lett slip permitted arkansas law jury options case limited two either convict one offenses acquit instructions explained options plain terms verdict forms likewise contemplated outcome separate forms convict possible offenses one form acquit acquit foreperson disclosed jury votes capital murder trial abuse discretion refusing add another option acquitting offenses others however precisely relief blueford seeks relief double jeopardy clause afford jury case convict blueford offense acquit either jury unable return verdict trial properly declared mistrial discharged jury consequence double jeopardy clause stand way second trial offenses judgment arkansas affirmed sotomayor dissenting alex blueford petitioner arkansas writ certiorari arkansas may justice sotomayor justice ginsburg justice kagan join dissenting double jeopardy clause unequivocally prohibits second trial following acquittal arizona washington implement rule cases articulated two principles first acquittal occurs jury decision whatever label actually resolution correct factual elements offense charged martin linen supply trial judge may defeat defendant entitlement verdict tribunal might believe favorably disposed fate declaring mistrial deliberations end absent defendant consent jorn plurality opinion quoting perez wheat today decision misapplies longstanding holds petitioner alex blueford acquitted capital murder even though forewoman arkansas jury empaneled try announced open jury unanimous convicting blueford crimes concludes double jeopardy clause oblige trial judge take action give effect jury unambiguous decision declaring mistrial offenses thus grants state constitution withholds proverbial bite apple burks respectfully dissent bar retrials following acquittals fundamental rule history double jeopardy jurisprudence martin linen see ball blackstone commentaries laws england prohibition stops state resources power mounting abusive harassing reprosecutions green subject defendant embarrassment expense anxiety insecurity possibility may found guilty even though innocent difrancesco ascertaining whether acquittal occurred form exalted substance sanabria rather ask whether factfinder made substantive determination prosecution failed carry burden smith massachusetts different procedures respecting announcement verdicts entry judgments diversity constitutional significance jeopardy terminates upon determination however characterized evidence insufficient prove defendant factual guilt smalis pennsylvania thus treated acquittals trial judge directed verdict guilty smith appellate reversal conviction insufficiency evidence burks pertinent jury announcement guilty verdict followed judgment ball straightforward application principle suffices decide case arkansas classic jurisdiction see generally people richardson arkansas model jury instructions require jury complete deliberations greater offense may consider lesser ark model jury ed matter arkansas law efore may consider offense jury must first determine proof insufficient convict greater offense thus jury must essence acquit defendant greater offense considering guilt offense hughes state ark trial judge instructed blueford jury consider offenses order charged offense capital murder lesser included offenses murder manslaughter negligent homicide judge told jury proceed past capital murder upon unanimous finding reasonable doubt offense upon acquittal see winship state closing arguments repeated directive efore consider lesser included capital murder must first vote man guilty capital murder app forewoman colloquy judge leaves doubt jury understood instructions mandate unanimous acquittal greater offense prerequisite consideration lesser forewoman reported jury voted negligent homicide jurors get past manslaughter count deadlocked context forewoman announcement open jury unanimous conviction capital murder acquittal double jeopardy per arkansas law jury determination reasonable doubt offenses acquittal essence hughes deciding state failed come forward sufficient proof jury resolved charges capital murder adversely state burks acquittal reconsidered without putting blueford twice jeopardy green price georgia bolster conclusion green jury convicted defendant lesser included offense murder without returning verdict charged offense murder concluded result implicit acquittal greater offense murder barring retrial defendant forced run gantlet charge jury refused convict given choice finding guilty either first second degree murder chose latter ibid see also price consistently refused rule jeopardy offense continues acquittal whether acquittal express implied conviction lesser included offense jury given full opportunity return verdict greater charge omitted notably green acknowledged finding implicit acquittal assumption jury made express statement respect greater offense blueford position even stronger jury silent murder counts announced unanimous conviction trial judge specifically instructed jury consider manslaughter acquitting blueford murder counts courts several jurisdictions held jury deadlock lesser included offense justifies assumption jury acquitted greater offenses see state tate stone superior san diego cal assumption even necessary jury unmistakably announced acquittal majority holds forewoman announcement acquittal final resolution anything ante majority view jury might revisited decisions murder counts minutes deliberations followed forewoman announcement know whether jury majority reasons jury discharged without confirming remained unanimous convicting blueford capital murder ante putting one side lack record evidence support speculation far plausible inference jurors spent minutes attempting resolve deadlock manslaughter agree jury free reconsider decisions deliberations resumed verdict acquittal issue guilt innocence course absolutely final bullington missouri jury heard instructions argument required unanimously acquit capital murder reach manslaughter forewoman colloquy makes plain jury followed instructions scrupulously reason believe jury vote anything verdict substance final collective decision reached full deliberation consideration compromise among individual jurors harrison gillespie en banc decision announced open became entitled full double jeopardy protection see commonwealth roth mass declining give effect verdict received lips foreman open elevate form substance stone cal determining verdict jury intended return oral declaration jurors endorsing result true return verdict internal quotation marks omitted see also dixon state ark technical defect verdict consequence whatever verdict need writing may announced foreman jury orally state mills ark verdict validity delivered jury majority example jury takes preliminary vote greater offenses advances consideration lesser returns greater inapposite see ante majority example jury announced vote open moreover instructions case contemplate jury deliberations take course majority imagines arkansas model instruction requires acquittal prerequisite consideration lesser offense double jeopardy clause entitles acquittal indeed purpose instruction ensure careful conclusive deliberation greater offense see tsanas friendly instruction avoids danger jury adequately discharge duties respect greater offense instead move quickly lesser true arkansas instruction expressly forbid reconsideration expressly permit reconsideration either event nothing indicates jury announced decisions tentative compromises mere steps en route final verdict double jeopardy clause demands ambiguity resolved favor defendant see downum fact jury given express option acquitting individual offenses irrelevant see ante arkansas law ascribes significance presence options verdict form see rowland state ark jury may prepare present form verdict lack state procedural vehicle entry judgment acquittal prevent recognition acquittal constitutional purposes see hudson louisiana finally majority distinction green price unavailing majority observes green price unlike case involved final decisions ante explained view forewoman announcements acquittal case similarly final event green clarified defendant claim former jeopardy based previous conviction second degree murder instead original jury refusal convict first degree murder accord jury silence greater offense spoke sufficient clarity justify assumption acquittal invoke double jeopardy clause see also price light forewoman announcement fortiori case short double jeopardy clause demands inquiry substance jury actions blueford jury option convict capital murder expressly declined end matter ii even majority correct jury might reconsidered acquitted count doubtful assumption reasons explained defeat blueford double jeopardy claim long established integral part double jeopardy jurisprudence defendant put jeopardy even prosecution culminate conviction acquittal crist bretz rule evolved response abhorrent practice stuart monarchs terminating prosecutions thereby evading bar retrials appeared crown proof might insufficient washington see ireland case tr accordingly retrial barred jury discharged returning verdict unless defendant consents manifest necessity discharge perez see also king perkins eng perez explained manifest necessity high bar power used greatest caution urgent circumstances plain obvious causes since perez relaxed showing required see washington requiring necessity downum imperious necessity see also coolidge cas cc mass story extraordinary striking circumstances mistrial therefore trial judge must weigh heavily defendant valued right trial completed particular tribunal wade hunter light historical abuses double jeopardy clause guards trial judge must tread special care mistrial help prosecution trial case going badly affording another favorable opportunity convict accused gori see green jury genuine inability reach verdict constitutes manifest necessity jurisdiction jury advances consideration lesser included offense demonstrated inability decide guilt innocence greater acquitted greater green unquestionably true jury convicts lesser see anomalous double jeopardy clause offered less protection defendant whose jury deadlocked lesser thus convicted nothing see stone cal therefore hold double jeopardy clause requires trial judge jurisdiction honor defendant request partial verdict declaring mistrial ground jury deadlock courts jurisdictions held see tate whiteaker state alaska app stone cal state pugliese per curiam state castrillo see also crim proc law ann west requiring partial verdict jurisdiction ensures jurisdiction takes bitter sweet general instruction increases likelihood conviction greater offense see people boettcher true instruction may also result deadlock greater preventing state obtaining conviction lesser charge otherwise forthcoming thus require expense retrial tsanas state willing incur expense loses nothing overcharging regime worst state enjoys second opportunity convict possibility earlier run strengthen prosecution case crist powell dissenting state wants benefits requiring jury acquit compromising permitted deprive defendant corresponding benefits acquitted double jeopardy clause expressly prohibits outcome majority observes never required trial declaring mistrial hung jury consider particular means breaking impasse let alone consider giving jury new options verdict ante citing renico lett slip approach dilutes perez beyond recognition never excused trial judge exercising scrupulous care discharging jury jorn opinion rather insisted trial judge may act irrationally irresponsibly washington retreated rule reviewing courts obligation ensure trial judge exercised discretion declaring mistrial quoting perez even double jeopardy clause compel broader rule facts case confirm necessity let alone manifest necessity mistrial reason judge asked jury prior discharge whether remained unanimous conviction capital murder intrusion jury deliberative process judge required issue new instructions verdict forms allow new arguments direct deliberations take action might threatened coerce jury merely repeating earlier question sufficed judge failed take even modest step indeed explore alternatives mistrial even make finding manifest necessity conclude abuse discretion see see also washington marshall dissenting manifest necessity requires showing meaningful practical alternatives mistrial trial scrupulously considered available found wanting termination proceedings indeed reason divine judge failure take modest step misperception arkansas law respect transitional instruction colloquy forewoman judge commented sidebar jurors even taken vote negligent homicide think completed deliberation mean reasonable circumstances least take vote negligent homicide app jury retired last deliberations judge said think understanding really get past every charge unanimously move next charge misstated arkansas law well judge instructions jury required reach unanimous decision greater offense considering lesser see supra discharging jury judge said madam foreman seems lot confusion part jury instructions confusion timeliness amount hours gone without able reach verdict going declare mistrial app comments suggest judge wrongly believed jury required reach unanimity greater offense considering lesser accorded insufficient finality weight forewoman earlier announcement acquittal capital murder mistake law negates deference due judge decision declare mistrial judge explained jury discharged part based confusion respect instructions fact confusion judge ibid see washington record reveals trial judge failed exercise discretion entrusted reason deference appellate disappears illinois somerville critiquing erratic mistrial inquiry gori douglas dissenting noting state cases second prosecution barred jury discharged trial judge misconstruction law collecting cases trial definition abuses discretion makes error law koon core double jeopardy clause reflects wisdom founding generation familiar person acquainted history governments trials employed formidable engine hands dominant administration prevent mischief ancient common law provided one acquittal conviction satisfy law ex parte lange wall quoting commonwealth olds double jeopardy clause enacted perpetuate wise rule favorable necessary liberty citizen government like case demonstrates threat individual freedom reprosecutions favor unfairly rescue weak cases waned time vigilance respectfully dissent footnotes reaching contrary conclusion post opinion sotomayor dissent construes jury instructions require jury complete deliberations greater offense may consider lesser post emphasis added requirement found text instructions dissent attempt glean requirement arkansas decision hughes state ark unavailing decision nowhere addresses issue whether jury reconsider greater offense considering lesser one finding reliance renico perplexing dissent reads decision little say trial judge responsibilities direct review post renico discussion applicable legal principles concerns dissent event dispute never required trial consider particular means breaking jury impasse footnotes state taken position see brief appellee boyd state cr ark nanimity essence jury verdict pertains acquitting defendant charged offense subsequent consideration offenses jury acquittals murder counts unsurprising light deficiencies state case example adam craig medical examiner autopsied victim matthew mcfadden whose testimony essential state theory crime board certified anatomical pathology failed certification examination five times craig took slides matthew brain called prevailing professional standards dismissed blueford explanation matthew death blueford accidentally knocked matthew floor basis outdated paper child head injuries acknowledging vaguely aware recent seminal paper supported blueford account record see goldsmith plunkett biomechanical analysis causes traumatic brain injury infants children forensic med pathology blueford expert pathologist robert bux testified craig autopsy inadequate establish whether matthew death accidental intentional blueford expert pediatrician john galaznik testified state theory blueford slammed matthew mattress floor likely cause boy injuries assessed view current medical literature record even trial judge observed state proof circumstantial best probably lesser included offense case granted certiorari decide hether jury deadlocks offense double jeopardy clause bars reprosecution greater offense jury announces voted guilt greater offense pet cert resolves question presented determining forewoman announcements final blueford jury necessarily deadlock lesser included offense manslaughter see ante light determination read today opinion express view respect requirements double jeopardy clause jury deadlock lesser offense state tate whiteaker state alaska app majority reliance renico habeas corpus case decided deferential standard review prescribed antiterrorism effective death penalty act aedpa perplexing renico made clear question whether trial judge declared mistrial even whether abuse discretion done applicable standard direct review question aedpa instead whether determination michigan abuse discretion unreasonable application clearly established federal law slip quoting accord slip renico thus little say trial judge responsibilities direct review cf cullen pinholster slip