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Stay in Double Jeopardy Case

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In Powell v. Kelly, No. 09-21, the Supreme Court has granted a stay pending its consideration of the certiorari petition. The case involves application of the Double Jeopardy Clause to findings of aggravating circumstances in a capital case. The Fourth Circuit opinion is here. I'm a bit puzzled by the absence of any discussion of the Bullington line of cases.

Powell attempted to rape a 16-year-old girl and then murdered her. He also raped and attempted to murder her 14-year-old sister. The punishment in this case is certainly thoroughly deserved.

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