sattazahn pennsylvania argued november decided january pennsylvania law verdict penalty phase capital proceedings must death jury unanimously finds least one aggravating circumstance mitigating circumstance one aggravating circumstances outweighing mitigating circumstances must life imprisonment instances may discharge jury determines jury unanimously agree sentence must enter life sentence petitioner jury reported trial judge hopelessly deadlocked life imprisonment discharged jury entered life sentence appeal pennsylvania superior reversed petitioner murder conviction remanded new trial second trial pennsylvania sought death penalty jury convicted petitioner time jury imposed death sentence affirming pennsylvania found neither fifth amendment double jeopardy clause fourteenth amendment due process clause barred pennsylvania seeking death penalty retrial held bar pennsylvania seeking death penalty retrial pp defendant convicted murder sentenced life imprisonment succeeds conviction set aside appeal jeopardy terminated life sentence imposed connection initial conviction raises bar death sentence retrial stroud line cases commencing bullington missouri found double jeopardy clause applies proceedings hallmarks trial guilt innocence relevant inquiry context whether defendant received life sentence first time around whether first life sentence acquittal based findings sufficient establish legal entitlement life sentence findings government failed prove one aggravating circumstances beyond reasonable doubt arizona rumsey pp protections triggered jury deadlocked petitioner first sentencing proceeding prescribed life sentence pursuant pennsylvania law jury first proceeding deadlocked made findings respect alleged aggravating circumstance result nonresult fairly called acquittal based findings sufficient establish legal entitlement life sentence neither entry life sentence judge acquittal pennsylvania scheme judge discretion fashion sentence finds jury deadlocked makes findings resolves factual matters pennsylvania also made finding pennsylvania legislature intended statutorily required entry life sentence create entitlement even without acquittal pp dictum scott support proposition double jeopardy bars retrial defendant case fully tried motion enters life sentence mere prospect second proceeding implicate perils double jeopardy clause seeks protect pp due process clause also bar pennsylvania seeking death penalty retrial nothing fourteenth amendment indicates life liberty interest pennsylvania law may given petitioner first proceeding life sentence somehow immutable deprived interest operation process invoked invalidate underlying murder conviction declines hold due process clause provides greater protection double jeopardy clause pp affirmed scalia announced judgment delivered opinion respect parts ii iv rehnquist kennedy thomas joined opinion respect part iii rehnquist thomas joined filed opinion concurring part concurring judgment ginsburg filed dissenting opinion stevens souter breyer joined david allen sattazahn petitioner pennsylvania writ certiorari pennsylvania eastern district january justice scalia announced judgment delivered opinion respect parts ii iv opinion respect part iii chief justice justice thomas case consider applicability fifth amendment double jeopardy clause context proceedings sunday evening april petitioner david allen sattazahn accomplice jeffrey hammer hid wooded area waiting rob richard boyer manager heidelberg family restaurant sattazahn carried ruger semiautomatic pistol hammer revolver accosted boyer restaurant parking lot closing time guns drawn demanded bank deposit bag containing day receipts boyer threw bag toward roof restaurant petitioner commanded boyer retrieve bag instead complying boyer tried run away petitioner hammer fired shots boyer fell dead two men grabbed deposit bag fled commonwealth pennsylvania prosecuted petitioner sought death penalty may jury returned conviction murder various charges accordance pennsylvania law proceeding moved penalty phase see cons stat cons stat supp commonwealth presented evidence one statutory aggravating circumstance commission murder perpetration felony see petitioner presented mitigating circumstances lack significant history prior criminal convictions age time crime see pennsylvania law provides penalty phase capital proceedings iv verdict must sentence death jury unanimously finds least one aggravating circumstance mitigating circumstance jury unanimously finds one aggravating circumstances outweigh mitigating circumstances verdict must sentence life imprisonment cases may discretion discharge jury opinion deliberation result unanimous agreement sentence case shall sentence defendant life imprisonment sides presented evidence jury deliberated hours app returned note signed foreman read jury hopelessly deadlocked life imprisonment one deeply entrenched sic position expect anyone change position petitioner moved subparagraph subparagraph roman numeral jury discharged enter sentence life imprisonment trial judge accordance pennsylvania law discharged jury hung indicated enter required life sentence later petitioner appealed pennsylvania superior concluded trial judge erred instructing jury connection various offenses petitioner charged including murder accordingly reversed petitioner murder conviction remanded new trial commonwealth sattazahn super remand pennsylvania filed notice intent seek death penalty addition aggravating circumstance alleged first sentencing hearing notice also alleged second aggravating circumstance petitioner significant history felony convictions involving use threat violence person based guilty pleas murder multiple burglaries robbery entered first trial petitioner moved prevent pennsylvania seeking death penalty adding second aggravating circumstance retrial trial denied motion superior affirmed denial app pennsylvania declined review ruling commonwealth sattazahn second trial jury convicted petitioner murder time imposed sentence death direct appeal pennsylvania affirmed verdict guilt sentence death retrial relying earlier decision commonwealth martorano concluded neither double jeopardy clause due process clause barred pennsylvania seeking death penalty petitioner retrial granted certiorari ii double jeopardy clause fifth amendment commands person shall subject offence twice put jeopardy life limb clause defendant placed jeopardy offense jeopardy terminates respect offense defendant may neither tried punished second time offense north carolina pearce defendant convicted murder sentenced life imprisonment appeals conviction succeeds set aside held jeopardy terminated life sentence imposed connection initial conviction raises bar death sentence retrial stroud stroud offense issue murder sentence imposed judge make findings order impose death penalty bullington missouri however held double jeopardy clause apply proceedings proceedings hallmarks trial guilt innocence identified several aspects missouri sentencing proceeding resembled trial including requirement prosecution prove certain statutorily defined facts beyond reasonable doubt support sentence death procedure explained explicitly requires jury determine whether prosecution proved case since concluded sentence life imprisonment signifies jury already acquitted defendant whatever necessary impose death sentence double jeopardy clause bars state seeking death penalty retrial quoting state ex rel westfall mason mo bardgett dissenting however careful emphasize mere imposition life sentence raises bar discussed stroud case defendant convicted murder sentenced life imprisonment obtained reversal conviction new trial solicitor general confessed error stroud unanimously held double jeopardy clause bar imposition death penalty new trial distinguished bullington stroud said fact stroud separate sentencing proceeding prosecution required prove beyond reasonable doubt otherwise additional facts order justify particular sentence bullington made clear acquittal sentencing phase rather mere imposition life sentence required give rise protections later decisions refined bullington rationale arizona rumsey state argued sentencing phase based evidence presented guilt phase three statutory aggravating circumstances present trial however found statutory aggravator existed accordingly entered judgment accused favor issue death state arizona concluded trial erred interpretation one statutory aggravating circumstances remanded new sentencing proceeding produced sentence death setting sentence aside explained double jeopardy principle relevant rumsey case invoked bullington acquittal merits sole decisionmaker proceeding final bars retrial charge trial entered findings denying existence seven statutory aggravating circumstances required state law entered judgment respondent favor issue death judgment based findings sufficient establish legal entitlement life sentence amounts acquittal merits bars retrial appropriateness death penalty ibid emphasis added rumsey thus reaffirmed relevant inquiry purposes whether defendant received life sentence first time around rather whether first life sentence acquittal based findings sufficient establish legal entitlement life sentence findings government failed prove one aggravating circumstances beyond reasonable doubt later case line poland arizona involved two defendants convicted murder sentenced death appeal arizona set aside convictions jury consideration nonrecord evidence found insufficient evidence support one aggravating circumstance found trial concluded however sufficient evidence support different aggravating circumstance trial thought proved remanded retrial defendants convicted murder sentence death imposed decided circumstances double jeopardy clause implicated distinguished bullington rumsey ground poland unlike cases neither judge jury acquitted defendant first capital sentencing proceeding entering findings sufficient establish legal entitlement life sentence normally retrial following hung jury violate double jeopardy clause richardson petitioner contends however given unique treatment afforded proceedings bullington protections triggered jury deadlocked first sentencing proceeding prescribed sentence life imprisonment pursuant pennsylvania law disagree bullington line cases discussed touchstone protection proceedings whether acquittal petitioner establish jury acquitted first proceeding jury verdict form returned foreman stated jury deadlocked whether impose death penalty made findings respect alleged aggravating circumstance result appropriately fairly called acquittal based findings sufficient establish legal entitlement life sentence rumsey supra entry life sentence judge acquittal either pennsylvania explained pennsylvania sentencing scheme judge discretion fashion sentence finds jury deadlocked statute directs enter life sentence deliberation result unanimous agreement sentence shall sentence defendant life imprisonment emphasis added judge makes findings resolves factual matter since judgment based findings resolve factual matter sufficient establish legal entitlement life sentence default judgment trigger double jeopardy bar death penalty upon retrial quoting martorano argued perhaps statutorily required entry life sentence creates entitlement even without acquittal pennsylvania legislature intended intended life sentence survive vacation underlying conviction pennsylvania however find intent statute eminently good cause state simple interest closure might make willing accept default penalty life imprisonment conviction affirmed case except issue end unwilling case must retried anyway interest conservation resources might make willing leave sentencing issue unresolved default life sentence place cost resolving empaneling new jury likelihood repetition much guilt phase first trial though eager attend unfinished business new jury new trial anyway iii bullington rumsey poland decided proceedings understood sentencing proceedings whatever hallmarks trial might borne bullington differed trials respect crucial purposes double jeopardy clause dealt sentence imposed offence capital murder thus search rationale support bullington progeny continually tripped text double jeopardy clause recent developments however illuminated part jurisprudence decision apprendi new jersey clarified constitutes element offense purposes sixth amendment guarantee put simply existence fact prior conviction increases maximum punishment may imposed defendant fact matter state labels constitutes element must found jury beyond reasonable doubt last term recognized import apprendi context proceedings ring arizona held aggravating circumstances make defendant eligible death penalty operate functional equivalent element greater offense slip emphasis added say purposes sixth amendment guarantee underlying offense murder distinct lesser included offense murder plus one aggravating circumstances whereas former exposes defendant maximum penalty life imprisonment latter increases maximum permissible sentence death accordingly held sixth amendment requires jury judge find existence aggravating circumstances found mere preponderance evidence beyond reasonable doubt slip think principled reason distinguish context constitutes offense purposes sixth amendment guarantee constitutes offence purposes fifth amendment double jeopardy clause cf monge california scalia dissenting fundamental distinction facts elements criminal offense facts go sentence delimits boundaries important constitutional rights like sixth amendment right trial jury also provides foundation entire double jeopardy jurisprudence world double jeopardy clause must apply proceedings consistent text fifth amendment jury unanimously concludes state failed meet burden proving existence one aggravating circumstances protections attach acquittal offense murder plus aggravating circumstance thus rumsey correct focus whether factfinder made findings constituted acquittal aggravating circumstances reason issue central proceeding comparable trial citing bullington supra rather murder plus one aggravating circumstances separate offense murder simpliciter purposes double jeopardy clause murder pennsylvania law offense petitioner convicted guilt phase proceedings properly understood lesser included offense murder plus aggravating circumstance see ring supra slip thus petitioner first sentencing jury unanimously concluded pennsylvania failed prove aggravating circumstances conclusion operate acquittal greater offense bar pennsylvania retrying petitioner greater offense thus seeking death penalty retrial cf rumsey supra happened petitioner convicted guilt phase first trial lesser offense murder sentencing phase jury deliberated without reaching decision death life without making findings regarding aggravating mitigating circumstances hours judge dismissed jury hung entered life sentence accordance pennsylvania law explained supra neither judge jury acquitted petitioner greater offense murder plus aggravating circumstance thus petitioner appealed succeeded invalidating conviction lesser offense bar pennsylvania retrying petitioner lesser greater offense jeopardy never terminated respect either cf green citing ball selvester iv dissent reads decision scott supporting proposition defendant case fully tried motion entered final judgment life sentence terminating trial proceedings post double jeopardy clause bars retrial several problems reasoning first understatement say scott home case like petitioner post ginsburg dissenting statement upon dissent relies double jeopardy may attach trial judge terminates proceedings favorably defendant basis related factual guilt innocence least defendant either found guilty least insisted issue guilt submitted first trier fact emphasis added nothing dictum tentative one may thin reed rest hitherto unknown constitutional prohibition entirely rational course making hung jury failure convict provisionally final subject change case must retried anyway second dictum scott even embrace present case petitioner insist upon merits determination contrary asked jury dismissed hung dissent recognizes jury announced deadlocked petitioner move jury discharged life sentence entered cons stat post response say judge grant motion instead made legal determination whether petitioner entitled judgment sought ibid surely protections hinge whether trial characterizes action response motion cf scott supra actually happened case happened scott denied protection defendant moved entry judgment favor procedural grounds delay indictment hung jury judge measured facts length delay likelihood jury producing verdict legal standard determine whether relief appropriate concluding granted relief circumstances prospect second proceeding implicate perils double jeopardy clause seeks protect post ginsburg dissenting dissent stresses defendant circumstances subject ordeal second life death trial compel live continuing state anxiety insecurity ibid quoting green supra see also post even dissent must admit post found concern determinative double jeopardy circumstances case hardly presents specter state relentlessly pursuing defendant either found guilty least insisted issue guilt submitted first trier fact scott supra instead see state number perfectly understandable reasons supra quite reasonably agreed accept default penalty life imprisonment conviction affirmed case except issue end pursue interest one complete opportunity convict violated case must retried anyway post quoting arizona washington addition claim petitioner raises freestanding claim alleging deprivation due process violation fourteenth amendment contends regardless whether imposition death sentence second trial violated double jeopardy clause unfairly deprived life liberty interests life sentence resulting first sentencing proceeding frames argument terms pennsylvania created constitutionally protected life liberty interest finality life judgment statutorily mandated result deadlocked jury right vested found jury deadlocked imposed mandatory life sentence subjecting etitioner capital resentencing right vested violated ue rocess reply brief petitioner think section fourteenth amendment commands state shall deprive person life liberty property without due process law emphasis added nothing indicates life liberty interest pennsylvania law may given petitioner life sentence imposed first capital sentencing proceeding somehow immutable deprived interest operation process invoked invalidate underlying murder conviction based bottom petitioner claim nothing claim different clothing said bill rights speaks explicit terms many aspects criminal procedure expansion constitutional guarantees rubric due process clause invites undue interference considered legislative judgments careful balance constitution strikes liberty order medina california decline petitioner invitation hold due process clause provides greater protection double jeopardy clause pennsylvania correctly concluded neither fifth amendment double jeopardy clause fourteenth amendment due process clause barred pennsylvania seeking death penalty petitioner retrial judgment therefore affirmed david allen sattazahn petitioner pennsylvania writ certiorari pennsylvania eastern district january justice concurring part concurring judgment join parts ii iv opinion case join part iii extend reach apprendi new jersey continue believe case wrongly decided see dissenting see also ring arizona slip dissenting remains view apprendi rule fact increases maximum penalty must treated element crime required constitution history prior cases slip resolve petitioner double jeopardy claim sole ground bullington missouri progeny life sentence imposed operation law capital sentencing jury deadlocks fails reach unanimous verdict acquittal merits barring retrial death penalty sentencing proceedings bear hallmarks trial held arizona rumsey acquittal merits sole decisionmaker proceeding final bars retrial charge defendant acquitted death penalty purposes double jeopardy sentencer decide prosecution proved case death penalty appropriate poland arizona emphasis deleted internal quotation marks omitted absence acquittal clean slate rule recognized north carolina pearce applies double jeopardy bar arises case jury deadlocks penalty phase capital trial decide prosecution failed prove case death penalty rather jury makes decision petitioner jury agre prosecution ha proved case bullington supra emphasis added make findings existence aggravating mitigating circumstances see rumsey supra trial judge entered findings denying existence seven statutory aggravating circumstances resulting judgment based findings sufficient establish legal entitlement life sentence amounts acquittal merits bars retrial appropriateness death penalty short jury acquit petitioner death penalty bullington rumsey pennsylvania law mandates life sentence capital sentencing jury deadlocks reasons given ante transform life sentence acquittal petitioner neither acquitted convicted death penalty first trial double jeopardy clause offended retrial determine whether death appropriate punishment offenses need say david allen sattazahn petitioner pennsylvania writ certiorari pennsylvania eastern district january justice ginsburg justice stevens justice souter justice breyer join dissenting case concerns events terminat jeopardy purposes double jeopardy clause richardson specific controversy involves entry final judgment mandated state law jury deadlock question presented whether final judgment entered qualifies event concludes hold pennsylvania capital jury deadlocks sentencing stage proceeding state law requires trial enter judgment imposing life sentence see cons stat supp ordinarily judgment thus imposed final government may neither appeal sentence retry sentencing question second jury see brief petitioner tr oral arg sentencing question retried retrial barred double jeopardy clause defendant successfully appeals underlying conviction convicted today holds entry life sentence jury deadlock measured double jeopardy clause block retrial life death question rules life sentence although final state law see equivalent acquittal merits ante quoting arizona rumsey double jeopardy case law indeed attac particular significance acquittal scott jurisprudence accords absolute finality jury verdict acquittal matter erroneous decision burks stresses hung jury sattazahn sentencing proceeding acqui merits ante internal quotation marks omitted two undebatable points inevitably dispositive case decisions recognize jeopardy terminate circumstances acquittal cf richardson double jeopardy clause terms applies event acquittal terminates original jeopardy emphasis prior case decided whether jeopardy terminated entry sentence jury deadlocked sentencing question see question genuinely debatable tenable argument supporting side comprehending double jeopardy decisions light underlying purposes double jeopardy clause conclude jeopardy terminate circumstances hold herein explained trial entered final judgment life sattazahn double jeopardy clause barred pennsylvania seeking death penalty second time standard way defendant secure final judgment favor gain case involves atypical situation defendant prevails final judgment without acquittal unusual situation double jeopardy jurisprudence recognizes existence scott stated primary purpose double jeopardy clause protect integrity final determinations guilt innocence acknowledged however also developed body law guarding separate related interest defendant avoiding multiple prosecutions even final determination guilt innocence made ibid interests observed may involved two different situations first trial judge declares mistrial second trial judge terminates proceedings favorably defendant basis related factual guilt innocence ibid first category mistrials instructive although case hand fit within category deciding whether reprosecution permissible mistrial balanced valued right defendant trial completed particular tribunal summoned sit judgment public interest insuring justice meted offenders ibid internal quotation marks citation omitted weighing interests decided mistrials declared motion prosecution sua sponte terminate jeopardy unless stopping proceedings required manifest necessity see downum hung jury long recognized meets manifest necessity criterion justifies trial declaration mistrial defendant subsequent reprosecution arizona washington retrial also permissible defendant successfully seeks avoid trial prior conclusion motion mistrial scott unless motion intentionally provoked government actions ordinarily uch motion defendant deemed deliberate election part forgo valued right guilt innocence determined first trier fact second category described scott termination trial defendant favor determination factual guilt innocence distinguished first based quality finality termination order imports trial declares mistrial invariably contemplates prosecutor permitted proceed anew notwithstanding defendant plea double jeopardy motion terminate granted contrast trial obviously contemplates proceedings terminate favor defendant scott example trial granted defendant motion dismiss one count indictment prior submission jury ground preindictment delay prosecution wanted reinstate proceedings face ruling simply refiled indictment instead seek reversal decision trial pursuing appeal sattazahn case falls within scott second category jury deadlocked sentencing stage mistrial declared pennsylvania law provided trial proceedings terminate sattazahn favor government simply sentencing issue hung jury sattazahn case mak completion first proceeding impossible wade hunter instead pennsylvania law required judge bring proceeding conclusion entering final judgment imposing life sentence see cons stat supp double jeopardy law respect scott second category relatively undeveloped observed outset see supra never decided whether jeopardy terminates upon entry final judgment favorable defendant jury deadlocks however addressed termination trial prior submission case jury scott case underscores ante decision denied double jeopardy protection allowing second prosecution scott however stressed defendant deliberately ch ose seek termination proceedings basis unrelated factual guilt innocence prosecution preindictment delay ruling scott placing defendant case outside zone double jeopardy protection sum tied absence completed first trial episode defendant choice abort initial trial proceedings government explained quite willing continue production evidence defendant elected seek termination trial grounds unrelated guilt innocence scarcely picture state relentlessly pursuing defendant either found guilty least insisted issue guilt submitted first trier fact ibid ii scott true home case like sattazahn reasoning nevertheless lends credence view judgment life prompted procedural move defendant part creates legal entitlement protected double jeopardy clause cf rumsey judgment based factual findings sufficient establish legal entitlement life sentence bars retrial scott recognized defendants double jeopardy interest avoiding multiple prosecutions even determination guilt innocence interest implicated preverdict judgments terminating trials interest avoiding renewed prosecution following final judgment surely engaged sattazahn life sentence significantly greater finality dismissal preindictment delay scott pennsylvania law noted earlier see supra government sought retry sentencing question even appeal moreover discrete analysis scott perils double jeopardy clause seeks protect plainly implicated prospect second capital sentencing proceeding determination defendants sattazahn position subject ordeal second life death trial compel live continuing state anxiety insecurity green despite attendant generation anxiety insecurity allowed retrial hung jury mistrials order give state one complete opportunity convict violated laws washington see wade defendant valued right trial completed particular tribunal must instances subordinated public interest fair trials designed end judgments state already opportunity prosecution presented evidence jury jury deadlocked final judgment entered direction state legislature instance government quite willing continue production evidence thwarted motion scott also sanctioned retrial scott even though case involved final adjudication defendant voluntarily avoided subjecting determination guilt innocence first proceeding successfully moving prior submission case jury dismissal count question preindictment delay ibid see green suggesting double jeopardy protection apply defendant consents dismissal first jury situation unlike scott sattazahn successfully avoid question guilt innocence submitted first jury issue guilt case indeed submitted first trier fact scott sattazahn thus forced run gantlet death green sattazahn bring termination first jury deadlocked state law directly mandated trial end short reasons thought double jeopardy protection attach scott absent recognize novel close question sattazahn acquitted death penalty case fully tried motion entered final judgment life sentence terminating trial proceedings decide double jeopardy issue sattazahn favor reasons herein stated giving weight two ultimate considerations first holding confronts defendants perilous choice one previously declined impose circumstances see green decision defendant sentenced life jury deadlock chooses appeal underlying conviction faces possibility death successful appeal convicted retrial hand defendant loses appeal chooses forgo appeal final judgment life stands words defendant sattazahn position must relinquish either right file potentially meritorious appeal entitlement avoid death penalty previously declined interpret double jeopardy clause manner puts defendants bind green rejected argument appealing murder conviction prolonged jeopardy related murder charge noted ruling question favor prosecutor require defendants barter constitutional protection second prosecution offense punishable death price successful appeal erroneous conviction another offense law concluded place defendants incredible dilemma ibid although sattazahn required barter entitlement life right appeal rather constitutional protection nevertheless believe considerations advanced green inform decision second punishment sattazahn faced death penalty unique severity finality monge california internal quotation marks omitted qualities heighten sattazahn double jeopardy interest avoiding second prosecution hazards second trial possible conviction green later cases demonstrates death indeed penalty different others reasons stated hold jeopardy terminated sattazahn sentence judge entered final judgment life therefore reverse judgment pennsylvania footnotes justice kennedy joins part iii opinion footnotes typical criminal jury unable agree verdict contrast judge declares mistrial prosecutor immediate right reprosecute counts jury hung see richardson martin linen supply many times said double jeopardy clause protects integrity final judgments see crist bretz primary purpose served double jeopardy clause akin served doctrines res judicata collateral estoppel preserve finality judgments scott primary purpose double jeopardy clause protect integrity final judgment declarations appears used final judgment interchangeably acquittal see crist referring english rule defendant put jeopardy conviction acquittal complete trial scott equating term final judgment final determination guilt innocence considered dismissals indictments contemplate possibility immediate reprosecution without appeal analyzed mistrials see lee dismissal based insufficient indictment treated mistrial double jeopardy purposes government simply file new indictment without appealing dismissal identifies policy reasons legislature might prefer provide entry judgment reopened defendant mount successful appeal see ante automatically follow however provisional judgment compatible double jeopardy clause cf infra urging prospect second death penalty proceeding heightens double jeopardy concerns governing statute provides may discretion discharge jury opinion deliberation result unanimous agreement sentence case shall sentence defendant life imprisonment cons stat supp sattazahn case jury deliberated hours judge announced received communication foreperson indicating jury hopelessly deadlocked app stated bring jury inquire foreperson jury whether deliberations productive ibid point sattazahn move jury discharged life sentence entered ibid judge grant sattazahn motion instead conducted inquiry determine whether jury hopelessly deadlocked found discharged jury announced virtue law enter life sentence app judge stage never referred back sattazahn motion read record judge decision conduct inquiry discharge jury enter life sentence prompted defensive motion simply jury announcement deadlocked statute instructs also held double jeopardy clause bar imposition greater sentence retrial defendant successfully appeals conviction see north carolina pearce difrancesco basic design double jeopardy provision bar repeated attempts convict consequent subjection defendant embarrassment expense anxiety insecurity significant application prosecution right review sentence determined however purposes double jeopardy clause capital sentencing proceedings involving proof one aggravating factors treated trials separate offenses mere sentencing proceedings see ante ring arizona bullington missouri decisions permitting resentencing appeal noncapital convictions thus address question presented case