DueProcess FifthAmendment HabeasCorpus Punishment
Whether the judges ruling that the jury's failure to reach a unanimous decision was not a failure on the jury's part was acquittal and the constitutional prohibition of double jeopardy bars retrial
QUESTION PRESENTED . 1. Whether the judges ruling that the jury's failure , ; to reach a unanimus decision was not a failure on the jury's part, (" That's actually a strong message to the prosecution that they ace unable to meet the burden of proof to the . extent that they can bring back a unanimus verdict."); was acquittal and the constitutional prohibition of double , '. jeopardy bars retrial. ; , 2. Whether the judges decision to declare a mistrial hung jury after only two (2) hours and fifty (50) minutes . of deliberation, an hour of that time consumed by questions . . from the jucy and a break, without polling the jury dictated by a “manifest necessity" or "ends of justice," and violated . petitioner Fifth Amendment Rights to have his trial completed . by a particular tribunal. | . ’ . : 3. Whether trial court in Petitioner's second trial lack jurisdiction to impose sentence. .