Robert Farmer v. E.K. McDaniel
666 F.3d 1228
9th Cir.2012Background
- Farmer was sentenced to death in 1984 in Nevada based on two felony-murder aggravators; panel found no mitigating factors.
- Nevada later vacated the death sentence in 2007 after McConnell v. State (2004) held felony-murder aggravators unconstitutional; Bejarano v. State (Nev. 2006) applied retroactively.
- State sought to reimpose death based on different aggravators, including prior-venued felonies and robbery/burglary links, without new mitigating findings.
- Initial death sentence was based on two aggravators: murder during robbery and murder during burglary; prior convictions existed but the timing and application were unsettled under then-existing Nevada law.
- Gallego v. State (Nev. 1985) clarified timing for when prior-conviction aggravators could be considered, affecting what could be reargued in the new penalty hearing.
- Nevada appellate and federal proceedings culminated in the federal habeas petition being denied and the district court’s decision affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reimposing death violates Double Jeopardy | Farmer argues implied acquittal of the prior aggravators bars retrial | State argues Poland governs; no acquittal, so retrial permissible | Not barred; Poland controls; retrial allowed on different aggravators |
| Whether the 1984 panel’s silence on aggravators meant acquittal | Farmer says silence implied acquittal of prior-violent-felony aggravators | State contends silence reflects legal uncertainty or non-consideration, not acquittal | Silence did not imply acquittal; Poland governs; reattempt permitted |
| Whether Poland remains good law after Ring | Farmer contends Ring undermines Poland’s framework for retrial | Ring does not overrule Poland’s core rule about acquittal and reimposition | Poland remains controlling; Ring does not bar reimposition on different aggravators |
| Whether Ring’s jury-found aggravators affect this retrial | Ring requires jury finding of aggravators for capital sentencing; implications for prior aggravators | Ring does not render the prior aggravators invalid or bar retrial on new grounds | Ring does not preclude reimposition on new but valid aggravators |
Key Cases Cited
- Bullington v. Missouri, 451 U.S. 430 (1981) (acquittal on death penalty bars retrial; capital sentencing resembles trial-like proceeding)
- Rumsey v. Arizona, 467 U.S. 203 (1984) (death sentence procedures; acquittal on legal misunderstanding not changing double jeopardy)
- Poland v. Arizona, 476 U.S. 147 (1986) (initial death sentence allowed to be reapplied on different grounds; core Poland principle)
- Ring v. Arizona, 536 U.S. 584 (2002) (aggravating factors must be found by a jury; impacts on capital sentencing)
- Green v. United States, 355 U.S. 184 (1957) (implied acquittal when jury silent on charge; foundational for double jeopardy in capital sentencing)
- Sattazahn v. Pennsylvania, 537 U.S. 101 (2003) (affirms double jeopardy framework in capital sentencing post Ring line)
- Bejarano v. State, 146 P.3d 265 (Nev. 2006) (retroactivity of McConnell-based limitations on aggravators)
- McConnell v. State, 102 P.3d 606 (Nev. 2004) (held impermissible to base aggravator on the underlying felony in felony-murder death penalty)
- Gallego v. State, 711 P.2d 856 (Nev. 1985) (timing of prior convictions for aggravators; pre-sentence evidence admissibility)