Blueford v. Arkansas
132 S. Ct. 2044
| SCOTUS | 2012Background
- Blueford was charged with capital murder in Arkansas, with the death penalty waived by the State.
- Jury instructions required unanimity to move from capital murder to lesser offenses (first-degree murder, manslaughter, negligent homicide).
- Prosecution argued for a strict sequential consideration of charges under the greater-to-lesser framework.
- After deliberation began, the jury became deadlocked on manslaughter, and later the court declared a mistrial when no verdict was reached.
- During deliberations, the foreperson reported the jury was unanimous against capital and first-degree murder, but deliberations continued on lesser offenses.
- Arkansas courts held the foreperson’s report was not a final acquittal, and the mistrial did not bar retrial on capital/first-degree murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the foreperson’s report constitutes acquittal | Blueford: report shows acquittal on greater offenses | State: report not final; mistrial proper | Foreperson’s report not final acquittal; retrial permitted |
| Effect of mistrial on double jeopardy when greater offenses loom | Retrial barred if acquittal on greater offenses occurred | Mistrial valid where jury deadlocked; no bar to retrial | Double jeopardy does not bar retrial on capital/first-degree offenses |
| Acquittal-first instruction and reconsideration of greater offenses | Jury could not revisit greater offenses after lesser verdicts | Instructions allowed reconsideration; no finality on prior votes | Jury could reconsider greater offenses; acquittal lacked finality |
Key Cases Cited
- Green v. United States, 355 U. S. 184 (1957) (implicit acquittal when convicted of lesser included offense)
- Price v. Georgia, 398 U. S. 323 (1970) (no retrial after acquittal on greater offense; respects double jeopardy)
- United States v. Martin Linen Supply Co., 430 U. S. 564 (1977) (jeopardy ends when evidence fails to prove guilt)
- Wade v. Hunter, 336 U. S. 684 (1949) (manifest necessity standard for mistrial)
- Perez, 9 Wheat. 579 (1824) (high bar for declaring mistrial due to necessity)
- Renico v. Lett, 559 U. S. 766 (2010) (court review of mistrial decisions on direct appeal)