OSBURN v. STATE

No. CR11-116.

2011 Ark. 406

KENNETH RAY OSBURN, Appellant, v. STATE OF ARKANSAS, Appellee.

Supreme Court of Arkansas.

Opinion Delivered October 6, 2011.


JIM HANNAH, Chief Justice.

Kenneth Ray Osburn appeals the denial of his motion to prohibit the State from seeking the death penalty on retrial of the charge of capital murder. He asserts that because he was sentenced to life without parole as a matter of law when the jury deadlocked in the penalty phase at his first trial, principles of double jeopardy preclude imposition of the death penalty on retrial. We find no error and affirm.

Osburn seeks relief by...

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