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2005 SESSION

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HB 2773 Capital murder cases; removes 'default' life sentence in event jury cannot agree.

Introduced by: Robert B. Bell | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Capital murder cases; sentencing, motions and appeals.  Removes the "default" life sentence in the event a jury cannot agree on the sentence in a capital case and provides for the empanelment of a different jury for ascertaining punishment, or for sentencing by the judge upon agreement of all parties. The bill also requires defense objections on speedy trial or double jeopardy grounds be filed in writing at least seven days before trial and that all parties, not just the accused as under current law, must agree in order to waive the provision that a hearing on defense objections be held at least three days before trial. The bill provides that the Commonwealth may appeal on speedy trial or double jeopardy grounds. Currently, such appeal must be on the ground that a statute upon which the dismissal was based is unconstitutional.


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