[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.

[catpuppy]

Sandy, I am definitely no lawyer and you may be correct by saying that ... 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.

But Double Jeopardy would not seem applicable here.

DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendment to the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.' U.S. v. Halper, 490 U.S. 435, 440 (1989).

(lectlaw.com)