OSBURN v. STATE

No. CR 11-116.

2011 Ark. 514

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

Supreme Court of Arkansas.

Opinion Delivered December 1, 2011.


PAUL E. DANIELSON, Associate Justice.

After further reflection on the issues presented in the instant case, I would grant Osburn's petition for rehearing. In our opinion of October 6, 2011, this court equated the jury's actions in this case to a deadlock. However, it is now clear to me that an Arkansas jury cannot deadlock or be "hung" in a bifurcated sentencing proceeding in which the State seeks the death penalty.

Arkansas Code Annotated § 5-4-603 ...

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