Labels:book | reckoner | sky | tree OCR: In Schiro's case the federal court below mistakenly held itself bound by the state supreme court's legal con- clusion that the silent verdicts were not acquittals for fed- eral double: jeopardy purposes Tho consequences to be drawn from the silent verdicts federal issue which must be resolved through application federal double jeopardy princi ples in Indiana sentencing authority in non capital SQENA The tw charges at issues defined the sane crime but provided different penalties. Thus, the jury's silence on One could not be construed as an acquittal becauze the elenent of each werc the Bathe Ever atate law controlled the of whether the silent verdicts constituted acquittals, Schiro would nonetheless be entitled to rellef. The state court has, since at least 1844, car- sistently held ir int ...
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