Labels:book | reckoner | sky | tree OCR: "knowing' state 10 mind is less than aad necessary part "intentional" state ot mind Consistent with the implicit acquittals at the guilt trial, the jury returned recommendation that the death penalty not be imposed. Although at the guilt trial Schiro had been acquitted 01 the only charged offense which required an intent kill the trial court the jury'. sentencing recommenda- tion pue imposed the death penalty finding that Schiro intentionally killed during rape This death sentence cannot stand, consistert with the double jeopardy clause hecause Schiro was implicitly acquitted he guilt trial the same offensc which the trial court used as the sole aggra vating circumstance support Ine sentence Schiro's death senteneo is also harred the fifth amendment doctrine of collateral estoppel The stat ...
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