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 ...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.