Labels:book | reckoner | sky OCR: from relitigating 85 the basis for death sentenee the crucial factual issue of intent kill that the jury had resolved in Schiro's favor a1 the guilt trial The Determination 0 Whether Silent. Verdict Is an Acquittal for Double Jeopardy Porposee Federal Issue: State Relevant Only Determine the Factual Setting Under Which the Clain Arose The proper interaction of state and federal In direct contravention 10 this Court's precedent. the lower court erroncously determined that Indiana law con trolled the determination whether there was an plicit acquittal Schiro's case. Simply put, the ques- tion whether the facts bar constitute an implicit acquittal federal question which cannot be resolved solely citing the state court's legal concl lusion Double jeopardy questions customarilv tequre an un- de ...
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