Blueford v. State
2011 Ark. 8
Ark.2011Background
- Blueford was charged with capital murder for killing a minor, July 15, 2008.
- Trial in August 2009 proceeded with jury instructions on capital murder, first-degree murder, manslaughter, and negligent homicide, plus a transitional instruction for lesser offenses.
- Jury deliberations produced a hung jury; the court declared a mistrial after a deadlock and no verdict entered.
- Before retrial, Blueford moved to bar retrial on double-jeopardy grounds, asserting acquittal based on jury statements in open court.
- The circuit court denied the motion; retrial was scheduled for March 2010.
- This interlocutory appeal challenges whether jeopardy attached, permitting retrial on capital murder and its lesser-included offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did jeopardy attach and bar retrial on capital murder and first-degree murder? | Blueford argues the forewoman’s statement of not guilty amounted to acquittal. | State contends mistrial due to deadlock allows retrial; no final acquittal occurred. | Jeopardy did not attach; retrial permitted. |
Key Cases Cited
- Richardson v. United States, 468 U.S. 317 (U.S. Supreme Court 1984) (hung jury not an acquittal; jeopardy not ended)
- Prince v. State, 304 Ark. 692 (Ark. 1991) (principal double-jeopardy considerations in Arkansas)
- Walters v. State, 255 Ark. 904 (Ark. 1974) (statements to jury foreman cannot substitute for verdict)
- Bradford v. State, 351 Ark. 394 (Ark. 2003) (judgment not valid until entered of record; open-court reading not controlling)
- Koster v. State, 874 Ark. 74 (Ark. 2008) (double-jeopardy review structure; de novo ultimate holding)
- Walker v. State, 808 Ark. 498 (Ark. 1992) (no partial-verdict approach; hung jury yields no double-jeopardy barrier)
- Shaw v. State, 304 Ark. 381 (Ark. 1991) (deadlock constitutes overruling necessity for mistrial)
- Rowland v. State, 263 Ark. 77 (Ark. 1978) (oral verdict not required to be in writing; official entry required)
- Dixon v. State, 29 Ark. 165 (Ark. 1874) (verdicts may be announced orally and entered later)