schiro
farley
argued
november
decided
january
petitioner
schiro
state
trial
three
counts
murder
including
count
charge
knowingly
killed
victim
count
ii
killed
committing
rape
jury
returned
verdict
guilty
count
ii
left
remaining
verdict
sheets
blank
trial
imposed
death
sentence
finding
state
proved
statutory
aggravating
factor
schiro
committed
murder
intentionally
killing
victim
committing
attempting
commit
rape
mitigating
circumstances
established
twice
affirming
sentence
state
proceedings
indiana
affirmed
remand
federal
district
habeas
proceedings
rejecting
schiro
argument
jury
failure
convict
count
murder
charge
operated
acquittal
intentional
murder
double
jeopardy
clause
prohibited
use
intentional
murder
aggravating
circumstance
sentencing
purposes
federal
appeals
accepted
conclusion
affirming
district
denial
habeas
relief
ruling
also
collateral
estoppel
implicated
since
schiro
show
jury
verdict
actually
necessarily
determined
issue
sought
foreclose
count
ii
conviction
act
acquittal
respect
count
murder
charge
held
although
undoubtedly
discretion
reach
state
argument
granting
relief
schiro
require
retroactive
application
new
rule
violation
principle
announced
teague
lane
page
ii
present
circumstances
state
raise
teague
argument
either
lower
courts
brief
opposition
petition
writ
certiorari
pp
double
jeopardy
clause
require
vacation
schiro
death
sentence
argument
sentencing
proceeding
amounted
successive
prosecution
intentional
murder
violation
clause
inconsistent
prior
decisions
second
sentencing
proceeding
following
retrial
ordinarily
constitutional
see
stroud
initial
sentencing
proceeding
following
trial
issue
guilt
violate
clause
also
upheld
use
prior
convictions
enhance
sentences
subsequent
convictions
even
though
means
defendant
must
certain
sense
relitigate
sentencing
proceeding
conduct
previously
tried
see
spencer
texas
short
applied
successive
prosecutions
clause
written
terms
potential
risk
trial
conviction
punishment
bullington
missouri
distinguished
pp
doctrine
collateral
estoppel
require
vacation
schiro
death
sentence
address
contention
doctrine
bars
use
intentional
murder
aggravating
circumstance
met
burden
establishing
factual
predicate
application
doctrine
namely
issue
ultimate
fact
determined
favor
see
ashe
swenson
specifically
examination
entire
record
shows
trial
instructions
issue
intent
kill
ambiguous
uncertainty
exists
whether
jury
believed
return
one
verdict
verdict
actually
entered
grounded
issue
intent
kill
see
accordingly
schiro
failed
demonstrate
amounted
acquittal
intentional
murder
count
pp
delivered
opinion
rehnquist
scalia
kennedy
souter
thomas
ginsburg
joined
blackmun
filed
dissenting
opinion
stevens
filed
dissenting
opinion
blackmun
joined
schiro
farley
justice
delivered
opinion
case
determine
whether
double
jeopardy
clause
requires
us
vacate
sentence
death
imposed
petitioner
thomas
schiro
reasons
explained
hold
schiro
convicted
sentenced
death
murder
body
laura
luebbehusen
discovered
home
morning
february
roommate
darlene
hooper
darlene
hooper
former
husband
darlene
hooper
away
returned
find
home
disarray
blood
covered
walls
floor
laura
luebbehusen
body
lying
near
entrance
police
recovered
scene
broken
vodka
bottle
handle
metal
portions
iron
bottles
various
types
liquor
pathologist
testified
number
contusions
body
including
injuries
head
victim
also
lacerations
one
nipple
thigh
tear
vagina
caused
death
forensic
dentist
determined
thigh
injury
caused
human
bite
cause
death
strangulation
schiro
farley
laura
luebbehusen
car
later
found
near
halfway
house
schiro
living
schiro
told
one
counselor
halfway
house
wanted
discuss
something
heavy
app
schiro
later
confessed
another
counselor
committed
murder
arrest
confessed
inmate
county
jail
drinking
taking
quaaludes
night
killing
intercourse
victim
killing
schiro
also
admitted
killing
girlfriend
mary
lee
schiro
told
mary
lee
gained
access
laura
luebbehusen
house
telling
car
broken
house
exposed
told
lesbian
raped
child
never
otherwise
intercourse
want
sex
nonetheless
schiro
raped
numerous
times
evidence
schiro
forced
consume
drugs
alcohol
laura
luebbehusen
tried
escape
schiro
restrained
raped
least
laura
luebbehusen
lay
slept
bed
schiro
realized
die
turn
found
vodka
bottle
beat
head
broke
beat
iron
resisted
finally
strangled
death
schiro
dragged
body
another
room
sexually
assaulted
corpse
murder
attempted
destroy
evidence
linking
crime
ii
time
crime
state
indiana
defined
murder
follows
person
knowingly
intentionally
kills
another
human
kills
another
human
committing
schiro
farley
attempting
commit
arson
burglary
child
molesting
criminal
deviate
conduct
kidnapping
rape
robbery
commits
murder
felony
ind
code
supp
trial
schiro
contest
killed
laura
luebbehusen
indeed
closing
argument
schiro
defense
attorney
stated
killing
sure
doubt
tom
schiro
sure
question
going
try
bamboozle
jury
killing
app
brief
respondent
instead
defense
argued
schiro
either
guilty
reason
insanity
guilty
mentally
ill
alternative
verdict
permitted
indiana
law
jury
given
possible
verdicts
among
three
murder
counts
described
lesser
included
offenses
voluntary
involuntary
manslaughter
guilty
mentally
ill
guilty
reason
insanity
guilty
app
five
hours
deliberation
jury
returned
verdict
guilty
count
ii
left
remaining
verdict
sheets
blank
indiana
law
obtain
death
penalty
state
required
establish
beyond
reasonable
doubt
existence
least
one
nine
aggravating
factors
ind
code
supp
aggravating
factor
relevant
defendant
committed
murder
intentionally
killing
victim
committing
attempting
commit
rape
another
enumerated
felony
supp
schiro
farley
upon
proof
beyond
reasonable
doubt
aggravating
factor
sentencer
weighs
factor
mitigating
circumstances
initial
conviction
jury
jury
reconvene
sentencing
hearing
recommend
whether
death
penalty
imposed
supp
trial
judge
makes
final
determination
sentence
considering
jury
recommendation
bound
jury
recommendation
however
ibid
primary
issue
sentencing
hearing
weight
given
schiro
mitigating
evidence
defense
counsel
stated
jury
assume
verdict
guilt
phase
probably
decided
aggravating
circumstance
proved
app
brief
respondent
therefore
confined
argument
plea
leniency
citing
schiro
mental
emotional
problems
considering
statements
counsel
jury
recommended
death
penalty
trial
judge
rejected
jury
recommendation
sentenced
schiro
death
case
pending
direct
appeal
indiana
granted
state
petition
remand
case
trial
make
written
findings
fact
regarding
aggravating
mitigating
circumstances
trial
found
state
proved
beyond
reasonable
doubt
defendant
committed
murder
intentionally
killing
victim
committing
attempting
commit
rape
app
trial
also
found
mitigating
circumstances
established
reaffirmed
sentence
death
sentence
affirmed
direct
appeal
indiana
schiro
state
denied
certiorari
schiro
indiana
schiro
sought
schiro
farley
postconviction
relief
state
indiana
affirmed
judgment
trial
schiro
state
denied
petition
writ
certiorari
schiro
indiana
schiro
filed
petition
writ
habeas
corpus
district
northern
district
indiana
district
judge
remanded
case
indiana
courts
exhaustion
state
remedies
indiana
affirmed
conviction
sentence
third
time
schiro
state
indiana
rejected
schiro
argument
jury
failure
convict
first
murder
count
operated
acquittal
intentional
murder
double
jeopardy
clause
prohibited
use
intentional
murder
aggravating
circumstance
sentencing
purposes
indiana
held
felony
murder
included
offense
murder
jury
instant
case
finds
defendant
guilty
one
types
murder
remains
silent
operate
acquittal
elements
type
murder
jury
chose
consider
denied
certiorari
schiro
indiana
federal
district
denied
schiro
federal
habeas
petition
schiro
clark
supp
nd
ind
appeals
seventh
circuit
affirmed
schiro
clark
appeals
accepted
indiana
conclusion
jury
verdict
acquittal
count
murder
charge
double
jeopardy
clause
violated
use
intentional
murder
aggravating
circumstance
appeals
also
concluded
collateral
estoppel
implicated
since
defendant
must
show
jury
verdict
actually
necessarily
determined
schiro
farley
issue
seeks
foreclose
schiro
conviction
act
acquittal
respect
pure
murder
charge
matter
state
law
granted
certiorari
consider
whether
trial
violated
double
jeopardy
clause
relying
intentional
murder
aggravating
circumstance
iii
state
argues
granting
relief
schiro
require
retroactive
application
new
rule
violation
principle
announced
teague
lane
plurality
teague
analysis
ordinarily
first
step
review
federal
habeas
case
see
graham
collins
slip
teague
bar
retroactive
application
new
rules
however
jurisdictional
collins
youngblood
case
state
raise
teague
argument
lower
courts
cf
parke
raley
slip
ordinarily
review
claims
made
first
time
see
taylor
freeland
kronz
recognize
state
respondent
entitled
rely
legal
argument
support
judgment
see
dandridge
williams
nevertheless
state
failed
argue
teague
brief
opposition
petition
writ
certiorari
deciding
whether
grant
certiorari
particular
case
rely
heavily
submissions
parties
petition
stage
see
rule
case
legal
issue
appears
warrant
review
grant
certiorari
expectation
able
decide
issue
since
state
waive
teague
bar
raising
see
godinez
moran
schiro
farley
slip
since
propriety
reaching
merits
dispute
important
consideration
deciding
whether
grant
certiorari
state
omission
teague
defense
petition
stage
significant
although
undoubtedly
discretion
reach
state
teague
argument
circumstances
iv
schiro
first
argues
sentenced
death
based
intentional
murder
aggravating
circumstance
sentencing
proceeding
amounted
successive
prosecution
intentional
murder
violation
double
jeopardy
clause
recognized
double
jeopardy
clause
consists
several
protections
protects
second
prosecution
offense
acquittal
protects
second
prosecution
offense
conviction
protects
multiple
punishments
offense
north
carolina
pearce
footnotes
omitted
protections
stem
underlying
premise
defendant
twice
tried
punished
offense
wilson
clause
operates
bar
repeated
attempts
convict
consequent
subjection
defendant
embarrassment
expense
anxiety
insecurity
possibility
may
found
guilty
even
though
innocent
difrancesco
defendant
acquitted
clause
guarantees
state
shall
permitted
make
repeated
attempts
convict
wilson
supra
however
threat
either
multiple
punishment
successive
prosecutions
double
jeopardy
clause
offended
omitted
thus
cases
establish
primary
schiro
farley
evil
guarded
successive
prosecutions
prohibition
multiple
trials
controlling
constitutional
principle
difrancesco
supra
internal
citations
omitted
see
also
martin
linen
supply
schiro
urges
us
treat
sentencing
phase
single
prosecution
successive
prosecution
purposes
double
jeopardy
clause
decline
prior
decisions
inconsistent
argument
first
sentencing
proceeding
amount
successive
prosecution
stroud
held
defendant
murder
conviction
overturned
appeal
defendant
resentenced
retrial
similarly
found
constitutional
infirmity
holding
second
sentencing
hearing
first
sentence
improperly
based
prior
conviction
defendant
pardoned
lockhart
nelson
see
also
north
carolina
pearce
supra
say
constitutional
guarantee
double
jeopardy
weight
restricts
imposition
otherwise
lawful
single
punishment
upon
retrial
chaffin
stynchcombe
second
sentencing
proceeding
ordinarily
violate
double
jeopardy
clause
fail
see
initial
sentencing
proceeding
also
upheld
use
prior
convictions
enhance
sentences
subsequent
convictions
even
though
means
defendant
must
certain
sense
relitigate
sentencing
proceeding
conduct
previously
tried
spencer
texas
cf
moore
missouri
state
may
undoubtedly
provide
persons
convicted
crime
may
suffer
severer
punishment
subsequent
offences
first
offence
short
applied
successive
schiro
farley
prosecutions
clause
written
terms
potential
risk
trial
conviction
punishment
price
georgia
decision
bullington
missouri
contrary
bullington
convicted
capital
murder
first
death
penalty
sentencing
proceeding
jury
rejected
death
penalty
sentenced
term
years
conviction
overturned
resentencing
state
sought
death
penalty
bullington
recognized
general
rule
double
jeopardy
clause
imposes
absolute
prohibition
imposition
harsher
sentence
retrial
nonetheless
recognized
narrow
exception
general
principle
capital
sentencing
scheme
issue
differ
ed
significantly
employed
cases
double
jeopardy
clause
held
inapplicable
sentencing
ibid
capital
sentencing
proceeding
trial
issue
punishment
requiring
defendant
submit
second
identical
proceeding
tantamount
permitting
second
prosecution
acquitted
defendant
case
manifestly
different
neither
prohibition
successive
trial
issue
guilt
bullington
prohibition
second
capital
sentencing
proceeding
implicated
state
reprosecute
schiro
intentional
murder
force
submit
second
death
penalty
hearing
simply
conducted
single
sentencing
hearing
course
single
prosecution
state
entitled
one
fair
opportunity
prosecute
defendant
bullington
supra
internal
quotation
marks
omitted
opportunity
extends
prosecution
guilt
phase
also
present
evidence
ensuing
sentencing
proceeding
schiro
farley
schiro
also
contends
principles
constitutional
collateral
estoppel
require
vacation
death
sentence
ashe
swenson
held
double
jeopardy
clause
incorporates
doctrine
collateral
estoppel
criminal
proceedings
see
also
dowling
collateral
estoppel
modern
usage
issue
preclusion
means
simply
issue
ultimate
fact
determined
valid
final
judgment
issue
litigated
parties
future
lawsuit
ashe
schiro
reasons
jury
acquitted
intentionally
murdering
laura
luebbehusen
result
trial
precluded
finding
existence
aggravating
circumstance
committed
murder
intentionally
killing
victim
committing
attempting
commit
rape
address
whether
collateral
estoppel
bar
use
intentional
murder
aggravating
circumstance
schiro
met
burden
establishing
factual
predicate
application
doctrine
applicable
namely
issue
ultimate
fact
determined
favor
ibid
indiana
concluded
jury
verdict
amount
acquittal
intentional
murder
count
schiro
state
ordinarily
habeas
review
presume
correctness
state
findings
fact
see
cf
also
cichos
indiana
preclusive
effect
jury
verdict
however
question
federal
law
must
review
de
novo
cf
ashe
swenson
supra
must
first
determine
whether
rational
jury
grounded
verdict
upon
issue
schiro
intent
kill
ashe
swenson
supra
schiro
farley
cf
wright
miller
cooper
federal
practice
procedure
issue
preclusion
attaches
determinations
necessary
support
judgment
entered
first
action
examine
record
prior
proceeding
taking
account
pleadings
evidence
charge
relevant
matter
ashe
swenson
supra
internal
quotation
marks
omitted
burden
defendant
demonstrate
issue
whose
relitigation
seeks
foreclose
actually
decided
first
proceeding
dowling
dowling
example
defendant
contended
acquitted
robbery
jury
must
concluded
present
crime
ibid
rejecting
argument
considered
fact
trial
discussion
lawyers
judge
asserted
intruder
identity
factual
issue
case
number
possible
explanations
jury
acquittal
verdict
defendant
failed
satisfy
burden
demonstrating
one
intruders
applying
principles
find
jury
grounded
verdict
issue
schiro
intent
kill
jury
instructed
return
verdicts
counts
listed
verdict
sheets
fact
indications
record
jury
might
believed
return
one
verdict
closing
argument
guilt
phase
defense
counsel
told
jury
go
back
try
figure
one
eight
ten
verdicts
return
back
prosecution
also
told
jury
going
allowed
return
one
verdict
although
jury
instructions
indicated
jury
one
verdict
possible
schiro
farley
record
impossible
tell
statements
jury
relied
dissent
concludes
jury
acquitted
count
lack
intent
based
fact
way
jury
expressed
conclusion
leaving
count
verdict
form
blank
stands
way
inference
however
jury
also
acted
reaching
guilty
verdict
count
ii
without
ever
deliberating
count
short
since
clear
jury
needed
consider
count
independently
draw
particular
conclusion
failure
return
verdict
count
jury
instructions
issue
intent
kill
also
ambiguous
indiana
law
person
either
knowingly
intentionally
kills
another
human
kills
another
human
committing
attempting
commit
rape
guilty
murder
supp
thus
intent
kill
required
felony
murder
conviction
schiro
reasons
since
jury
found
guilty
felony
murder
course
rape
failed
convict
intentional
murder
jury
must
found
intent
kill
interpret
jury
failure
convict
count
however
although
jury
provided
state
law
definition
murder
app
judge
also
instructed
jury
state
prove
intent
felony
intentional
murder
sustain
charge
murder
state
must
prove
hat
defendant
engaged
conduct
caused
death
laura
luebbehusen
hat
defendant
knew
conduct
intended
conduct
cause
death
laura
luebbehusen
emphasis
supplied
instruction
differentiate
two
ways
proving
murder
indiana
law
jury
schiro
farley
told
instructions
best
source
law
applicable
case
jury
may
well
believed
therefore
required
find
knowing
intentional
killing
order
convict
schiro
three
murder
counts
sum
light
jury
instructions
find
matter
law
jury
verdict
necessarily
depend
finding
schiro
lacked
intent
kill
although
necessary
conclusion
note
additional
evidence
record
indicating
schiro
intent
kill
significant
issue
case
defense
primarily
confined
proof
trial
showing
schiro
insane
dispute
schiro
committed
murder
point
guilt
phase
defense
counsel
defense
witnesses
assert
schiro
acquitted
count
lacked
intent
kill
indeed
located
point
transcript
proceedings
defense
counsel
defense
witnesses
even
discussed
issue
schiro
intent
kill
schiro
argues
intent
kill
put
issue
insanity
defense
even
jury
accept
defense
even
defense
counsel
apparently
believed
schiro
intent
issue
case
jury
returned
verdict
guilty
count
ii
reconvened
consider
appropriate
sentence
defense
counsel
indicated
belief
convicting
schiro
count
ii
jury
found
intent
kill
statute
provides
aggravating
circumstances
one
listed
case
one
may
consider
one
murder
committed
intentionally
committed
commission
rape
things
assume
verdict
friday
saturday
probably
decided
issue
finding
schiro
farley
guilty
murder
commission
rape
assuming
decided
beyond
reasonable
doubt
done
commission
rape
aggravating
circumstance
likely
exists
mind
app
brief
respondent
circumstances
considered
jury
silence
tantamount
acquittal
double
jeopardy
purposes
green
price
georgia
failure
return
verdict
collateral
estoppel
effect
however
unless
record
establishes
issue
actually
necessarily
decided
defendant
favor
explained
cases
require
examination
entire
record
determine
whether
jury
grounded
verdict
upon
issue
defendant
seeks
foreclose
consideration
ashe
internal
quotation
marks
omitted
see
also
dowling
view
schiro
confession
killing
instruction
requiring
jury
find
intent
kill
uncertainty
whether
jury
believed
return
one
verdict
find
schiro
met
burden
demonstrate
issue
whose
relitigation
seeks
foreclose
actually
decided
favor
ibid
judgment
appeals
affirmed
ordered
schiro
farley
justice
blackmun
dissenting
join
justice
stevens
dissenting
opinion
write
separately
believe
bullington
missouri
provides
compelling
alternative
ground
vacation
schiro
death
sentence
bullington
held
capital
defendant
acquitted
death
sentence
double
jeopardy
clause
bars
placed
jeopardy
death
subsequent
sentencing
proceeding
majority
rejects
schiro
double
jeopardy
claim
theory
second
sentencing
proceeding
ordinarily
violate
double
jeopardy
clause
fails
see
initial
sentencing
proceeding
ante
essential
holding
bullington
however
capital
sentencing
proceedings
uniquely
constitute
jeopardy
double
jeopardy
clause
proceeding
examined
bullington
hallmarks
trial
guilt
innocence
prosecution
must
prov
case
beyond
reasonable
doubt
concluded
bifurcated
capital
penalty
proceeding
trial
places
defendant
jeopardy
death
ibid
sentencing
proceeding
issue
indistinguishable
schiro
farley
confronted
bullington
judge
debruler
noted
dissent
affirmance
schiro
sentence
direct
appeal
jury
reconvenes
sentencing
hearing
presided
judge
defendant
present
counsel
state
trial
prosecutor
evidence
presented
adversarial
setting
burden
upon
state
prove
aggravating
circumstance
beyond
reasonable
doubt
lawyers
make
final
arguments
jury
jury
retires
deliberate
returns
open
verdict
form
recommendation
full
scale
jury
trial
every
sense
terms
defendant
must
surely
feel
direct
peril
receiving
death
penalty
stands
receive
recommendation
jury
schiro
state
ind
citation
omitted
even
issue
schiro
intent
kill
actually
necessarily
decided
collateral
estoppel
purposes
ante
jury
failure
convict
schiro
intentional
murder
impliedly
acquitted
schiro
farley
double
jeopardy
clause
see
green
jury
given
full
opportunity
return
verdict
price
georgia
justice
stevens
pointedly
notes
post
question
schiro
reprosecuted
intentional
murder
question
aggravator
required
prosecution
prove
sentencing
beyond
reasonable
doubt
identical
elements
murder
charge
thus
jury
ha
already
acquitted
defendant
whatever
necessary
impose
death
sentence
unanimous
jury
recommendation
life
state
remand
trial
judge
condemned
schiro
death
reliance
nunc
pro
tunc
conduct
schiro
acquitted
sentence
tolerated
double
jeopardy
clause
respectfully
dissent
schiro
farley
justice
stevens
justice
blackmun
joins
dissenting
jury
found
thomas
schiro
guilty
felony
murder
intentional
murder
thereafter
separate
sentencing
hearing
jury
unanimously
concluded
schiro
deserve
death
penalty
presumably
intended
kill
nevertheless
without
finding
aggravating
circumstance
trial
judge
overrode
jury
recommendation
sentenced
schiro
death
months
later
indiana
remanded
case
give
judge
opportunity
justify
sentence
schiro
farley
judge
found
schiro
intentionally
killed
victim
finding
like
majority
holding
today
violated
central
purpose
double
jeopardy
clause
issue
intent
raised
trial
twice
resolved
jury
long
jury
discharged
constitutionally
impermissible
trial
judge
reexamine
issue
death
sentence
rests
entirely
unauthorized
finding
law
requires
set
aside
devotes
opinion
discussion
facts
disagree
gruesome
character
crime
significant
important
precisely
favorable
prosecutors
seeking
death
penalty
facts
undoubtedly
increase
jurors
inclination
impose
death
penalty
believed
defendant
intentionally
killed
unfortunate
victim
yet
case
despite
horror
crime
jurors
still
unanimously
refused
find
schiro
guilty
intentional
murder
unanimously
concluded
executed
determinations
enigmatic
unless
jury
resolved
intent
issue
schiro
favor
principal
issue
trial
schiro
mental
condition
one
disputed
caused
victim
death
intent
remained
issue
ways
five
expert
witnesses
two
employed
state
one
selected
two
called
defense
testified
length
schiro
unusual
personality
tr
drug
alcohol
addiction
history
mental
illness
lay
expert
witnesses
described
schiro
bizarre
attachment
mannequin
incidents
lent
support
claim
diminished
capacity
conceivably
schiro
farley
evidence
might
persuaded
jury
find
schiro
responsible
reason
insanity
app
guilty
murder
voluntary
manslaughter
involuntary
manslaughter
mentally
ill
instead
evidence
details
schiro
confessions
apparently
convinced
jury
time
offense
schiro
requisite
mental
state
support
conviction
intentional
murder
careful
perusal
verdict
forms
demonstrates
nothing
even
arguably
ambiguous
jury
verdict
jurors
expressed
conclusion
way
forms
contained
space
checked
record
agreement
proposed
verdict
way
record
disagreement
leave
space
blank
thus
leaving
nine
forms
blank
checking
one
jurors
rejected
seven
alternatives
favorable
defendant
two
involving
lesser
offenses
one
finding
defendant
responsible
reason
insanity
three
finding
guilty
murder
lesser
offenses
mentally
ill
one
finding
guilty
anything
rejected
two
alternatives
favorable
prosecution
guilty
counts
iii
ultimately
recorded
conclusion
guilty
count
ii
schiro
farley
jurors
therefore
found
schiro
guilty
count
ii
guilty
remainder
charges
notably
fourth
verdict
form
provided
guilty
verdict
form
executed
unless
defendant
guilty
charges
way
jurors
return
verdict
guilty
count
ii
guilty
counts
check
fifth
form
leave
others
blank
exactly
even
record
less
clear
governing
rule
law
lead
conclusion
full
trial
jury
given
opportunity
find
schiro
guilty
three
counts
murder
two
counts
one
similar
situation
green
jury
silence
two
counts
treated
differently
double
jeopardy
purposes
jury
returned
verdict
expressly
read
find
defendant
guilty
intentional
murder
guilty
felony
murder
rational
explanation
verdict
failure
proof
issue
intent
failure
precluded
relitigation
issue
sentencing
justice
schiro
farley
debruler
indiana
explained
dissenting
opinion
trial
prosecution
used
every
resource
disposal
persuade
jury
appellant
knowing
state
mind
killed
victim
failed
sentencing
hearing
jury
opportunity
persuade
jury
appellant
intentional
state
mind
killed
victim
jury
returned
recommendation
death
sentencing
hearing
judge
prosecution
yet
another
opportunity
demonstrate
intentional
state
mind
finally
succeeded
view
silent
verdict
jury
count
charging
knowing
state
mind
must
deemed
constitutional
equivalent
final
immutable
rejection
state
claim
appellant
deserves
die
intentional
state
mind
verdict
acquitted
appellant
condition
necessary
impose
death
penalty
charge
schiro
state
schiro
farley
ii
failed
convict
schiro
intentional
murder
full
trial
state
plainly
retry
offense
jury
discharged
estoppel
bar
retrial
equally
foreclose
death
sentence
predicated
reexamination
central
issue
resolved
jury
state
schiro
execution
nonetheless
go
forward
trial
judge
made
finding
equivalent
determination
schiro
guilty
intentional
murder
attempts
justify
anomalous
result
relying
improbable
assumption
jury
may
resolved
intent
issue
schiro
favor
advances
three
reasons
support
assumption
schiro
confession
killing
instruction
requiring
jury
schiro
farley
find
intent
kill
uncertainty
whether
jury
believed
return
one
verdict
ante
none
justifies
majority
result
schiro
confessions
statements
must
evaluated
context
entire
record
even
though
sufficient
support
guilty
verdict
intentional
murder
count
quite
wrong
suggest
necessitated
verdict
see
schiro
state
prentice
concurring
dissenting
stating
finding
intentional
killing
compelled
record
whole
including
experts
testimony
fully
consistent
conclusion
jury
rejected
prosecutor
submission
intent
question
also
seeks
support
trial
instruction
informed
jury
sustain
charge
murder
state
prove
intent
ante
naturally
read
however
schiro
farley
instruction
referred
knowing
intentional
murder
charge
count
opinion
suggests
expressly
refer
felony
intentional
murder
ante
contrary
made
mention
felony
murder
indiana
intent
kill
element
felony
murder
accordingly
definition
murder
instruction
clearly
indicated
person
commits
murder
either
knowingly
intentionally
kills
someone
ills
another
human
committing
attempting
commit
arson
burglary
child
molesting
criminal
deviate
conduct
kidnapping
rape
robbery
app
supp
instruction
intended
refer
felony
murder
charges
counts
ii
iii
plainly
misstated
law
instruction
accurately
state
elements
knowing
intentional
murder
charge
count
however
worth
noting
one
seven
opinions
various
members
indiana
wrote
different
stages
litigation
construed
instruction
applicable
counts
ii
iii
schiro
farley
finally
surmises
jury
might
believed
return
one
verdict
ante
view
trial
instruction
jury
foreman
must
sign
date
verdict
agree
app
speculation
unfounded
similarly
unwarranted
majority
reliance
upon
isolated
remarks
prosecution
defense
counsel
substantiate
speculation
defense
counsel
understandably
urged
jury
return
one
verdict
seeking
verdict
exonerate
client
minimize
culpability
one
seven
ten
forms
submitted
jury
served
purpose
fact
defense
counsel
made
amorphous
reference
one
verdict
closing
argument
went
suggest
jurors
consider
first
question
insanity
depending
may
stop
go
app
brief
respondents
emphasis
added
prosecutor
comment
one
verdict
statement
meant
jury
return
one
forms
blatantly
misstated
indiana
law
plausibly
comment
referred
verdict
general
sense
jury
one
opportunity
return
one
verdict
forms
event
uphold
death
sentence
based
insubstantial
improper
predicate
nothing
indiana
said
supports
speculation
jury
reasons
failing
return
guilty
verdict
count
moreover
schiro
farley
refuses
acknowledge
way
jury
use
verdict
forms
submitted
express
conclusion
schiro
guilty
count
ii
guilty
counts
iii
authorize
foreman
sign
verdict
form
felony
murder
leave
blank
forms
intentional
murder
criminal
deviate
conduct
found
guilty
intentional
murder
schiro
thereafter
prosecuted
second
time
offense
given
schiro
admitted
killing
issue
jury
verdict
count
possibly
resolved
favor
intent
issue
since
even
arguable
basis
assuming
jury
verdict
count
grounded
issue
collateral
estoppel
component
double
jeopardy
clause
also
precluded
state
attempting
prove
intentional
murder
penalty
phase
support
sentence
death
justice
stewart
explained
opinion
ashe
swenson
footnotes
omitted
federal
decisions
made
clear
rule
collateral
estoppel
criminal
cases
applied
hypertechnical
archaic
schiro
farley
approach
century
pleading
book
realism
rationality
previous
judgment
acquittal
based
upon
general
verdict
usually
case
approach
requires
examine
record
prior
proceeding
taking
account
pleadings
evidence
charge
relevant
matter
conclude
whether
rational
jury
grounded
verdict
upon
issue
defendant
seeks
foreclose
consideration
inquiry
must
set
practical
frame
viewed
eye
circumstances
proceedings
sealfon
test
technically
restrictive
course
simply
amount
rejection
rule
collateral
estoppel
criminal
proceedings
least
every
case
first
judgment
based
upon
general
verdict
acquittal
respectfully
dissent
footnotes
form
began
jury
find
defendant
alternatives
responsible
reason
insanity
time
death
guilty
murder
mentally
ill
guilty
murder
laura
luebbehusen
charged
count
information
guilty
guilty
murder
said
thomas
schiro
committing
attempting
crime
rape
charged
count
ii
information
guilty
committing
attempting
commit
crime
criminal
deviate
conduct
charged
count
iii
schiro
farley
information
guilty
included
offense
voluntary
manslaughter
guilty
included
offense
involuntary
manslaughter
guilty
voluntary
manslaughter
mentally
guilty
involuntary
manslaughter
mentally
app
american
courts
held
uniformity
defendant
charged
two
offenses
neither
lesser
offense
included
within
found
guilty
one
second
tried
second
see
also
price
georgia
sure
generally
accepted
among
federal
courts
appeals
judge
may
base
sentence
noncapital
case
upon
factors
jury
find
beyond
reasonable
doubt
see
carrozza
olderbak
cert
denied
averi
cert
denied
isom
see
also
mcmillan
pennsylvania
applying
preponderance
evidence
standard
sentencing
considerations
state
mandatory
minimum
statute
satisfies
due
process
view
stems
lower
standard
proof
required
establish
sentencing
factors
noncapital
cases
mocciola
reliance
upon
principle
sustain
practice
capital
case
sentencing
factors
elements
trial
must
proved
beyond
reasonable
doubt
correctly
avoids
reliance
upon
quite
different
rationale
namely
distinction
knowing
killing
intentional
killing
indiana
adopted
noting
count
merely
required
jury
find
schiro
knowingly
killed
victim
whereas
aggravating
circumstance
supporting
death
penalty
required
proof
intentionally
killed
concluded
verdict
count
considered
included
conclusion
intent
issue
raised
sentencing
hearing
schiro
state
ind
yet
intentional
killing
requires
greater
awareness
consequences
act
knowing
killing
illusory
distinction
plainly
unsatisfactory
dissenting
justices
pointed
difference
two
mind
insignificant
instance
esoteric
accord
difference
one
believe
person
presently
unaware
strangling
another
time
goal
presently
mind
strangle
person
specifically
instruction
provided
sustain
charge
murder
state
must
prove
defendant
schiro
farley
engaged
conduct
caused
death
laura
luebbehusen
defendant
knew
conduct
intended
conduct
cause
death
laura
luebbehusen
app
instruction
stated
find
consideration
evidence
propositions
proved
beyond
reasonable
doubt
defendant
insane
time
murder
find
defendant
guilty
assumes
jury
believed
required
find
knowing
intentional
killing
order
convict
schiro
three
murder
counts
ante
rational
explanation
failure
return
guilty
verdict
intentional
murder
count
believed
convicting
schiro
killing
commission
rape
count
ii
also
required
knowing
intentional
killing
judge
final
instructions
jury
set
forth
limitation
number
verdicts
might
properly
return
indiana
juries
regularly
found
defendant
guilty
mens
rea
murder
felony
murder
respect
single
killing
see
roche
state
ind
lewis
state
hopkins
state
ind
suggestion
jury
may
reached
guilty
verdict
count
ii
without
ever
deliberating
count
ante
pure
speculation
highly
improbable
presumably
jurors
normally
begin
deliberations
first
count
indictment
first
verdict
form
submitted
also
noteworthy
record
explains
jury
concluded
schiro
guilty
killing
committing
attempting
commit
criminal
deviate
conduct
charged
count
iii
namely
schiro
killed
victim
prior
deviate
sexual
conduct
charge
based
rather
engaged
predicate
felony
thus
record
fully
supports
jury
disposition
three
counts
guilt
phase
trial
well
decision
penalty
phase
page