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Try CasePortal for FreeJ. Bunn, in response to the Monongalia County Circuit Court’s certified question as to whether a jury’s failure to unanimously decide the recommendation of mercy allows the court to impose the life sentence required for all first-degree murder convictions, answers “No.” The court holds in keeping with trial phase in a first-degree murder case a jury must reach a unanimous verdict and if it can’t, the court must declare a mistrial and empanel a new jury to determine mercy.
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