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Fifth Circuit Rejects Order of Bifurcation with non-death-qualified jury for guilt phase and death qualified jury for penalty phase as contrary to Federal Death Penalty Act

By Tom Lincoln

In a capital case, the Fifth Circuit has rejected a district court's order of bifurcation with a non-death-qualified jury to hear the guilt phase and a death-qualified jury to hear the penalty phase if necessary.  See U.S. v. Williams, No. 05-20080 (5th Cir. Feb. 14, 2005). The Fifth Circuit rejected such procedure as contrary to the Federal Death Penalty Act.  As we all know, Judge Nancy Gertner from the District of Massachusetts started this ball rolling with her decision in  United States v. Darryl Green, et al., 343 F.Supp.2d 23 (D.Mass. 2004), Criminal No. 02-10301-NG (D.Mass, Nov. 3, 2004), which we posted on here, and here.  The Fifth Circuit in Williams makes reference to Green at n. 4, stating as follows: Williams?s pleadings in the trial court also purported to rely on a recent federal district court decision, now on appeal, that authorized a bifurcated jury in a death penalty case...continue to full post

Full post as published by Puerto Rico Association of Criminal Defense Lawyers on February 15, 2005 (boomark / email).