POLAND v. ARIZONA

No. 85-5023.

476 U.S. 147 (1986)

POLAND v. ARIZONA

Supreme Court of United States.

Decided May 5, 1986


Attorney(s) appearing for the Case

H. K. Wilhelmsen, by appointment of the Court, 474 U.S. 943, argued the cause for petitioner. With him on the brief was Marc E. Hammond.

Gerald R. Grant, Assistant Attorney General of Arizona, argued the cause for respondent. With him on the brief was Robert K. Corbin, Attorney General.


JUSTICE WHITE delivered the opinion of the Court.

The question presented is whether the Double Jeopardy Clause bars a further capital sentencing proceeding when, on appeal from a sentence of death, the reviewing court finds the evidence insufficient to support the only aggravating factor on which the sentencing judge relied, but does not find the evidence insufficient to support the death penalty.

I

In 1977 petitioners Patrick and Michael Poland...

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