United States Sixth Circuit

In appeal by the government after the district court overturned a death sentence because of jury verdict inconsistencies, the district court's decision is vacated and the original sentence reinstated where: 1) 18 U.S.C. section 3731 authorizes the government to appeal the district court's order vacating the original sentence ordering a new capital sentencing proceeding as long as the appeal does not offend the Double Jeopardy Clause; 2) the appeal did not violate the Double Jeopardy Clause; and 3) the jury verdicts were not inconsistent since the jury followed the court's instructions and spoke their real conclusions.

Appellate Information

• Decided 02/11/2009
• Published 02/11/2009

Judges

• Before:  BOGGS, Chief Judge;  ROGERS and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kort W. Gatterdam, Carpenter, Lipps & Leland, Columbus, Ohio, for Appellant.  Elizabeth D. Collery, United States Department of Justice, Washington, D.C., for Appellee.   ON BRIEF:  Kort W. Gatterdam, Carpenter, Lipps & Leland, Columbus, Ohio, Diane M. Menashe, Diane M. Menashe Co., L.PA., Columbus, Ohio, for Appellant.  Steven L. Lane, United States Department of Justice, Washington, D.C., David DeVillers, Michael J. Burns, Assistant United States Attorneys, Columbus, Ohio, for Appellee.