[catpuppy]

I think the prohibition against double jeopardy applies in death penalty sentencing trials.

I do not think that double jeopardy applies when the death penalty portion of the trial has not yet taken place.

[Sandy]

I do not think that double jeopardy applies when the death penalty portion of the trial has not yet taken place.

But the trial has already been taking place in this case. The jury's been seated, and arguments and testimony have begun. *If* the prohibition against double jeopardy applies, jeopardy would be attached already. That's how it works in a guilt trial at least.