Labels:book | bulletin board | reckoner | sky OCR: Until Bullington. this Court had applied the Double Jeopardy Chause to sentencing decisions after retrial. Although the Bullington court may have been inclined to because "death is different, that rationale grounded in the Eighth Amendment principles concerning cruel and unusual punishments, not the Double Jeopardy Clause This Court's holding in Bullingtan applying the Double Jeopardy Clause sentencing proceedings inconsistent with the holdings North Carolina Pearce supra and United Srates DiFrancesco supra. Although Court distinguished these cases because of the "unique" procedures employed during Missouri capital sentencing proceedings, the analytical "difference is irrmaterial for the purpose of the Double Jeopardy Clause. Bullingion V Missouri supra 451 U.S. at 448 (Powell, dissenting} ...
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