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Retrial Following Partially Hung Jury

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When a jury convicts on one charge and hangs on another, what should the court tell the second jury about the first case?  The California Supreme Court decided yesterday in People v. Hicks, S232218, that it is error to tell the jury specifically about the prior conviction, but the court may instruct the jury upon request:

Sometimes cases are tried in segments. The only question in this segment of the proceedings is whether the prosecution has proved the charge of murder. In deciding this question, you must not let the issue of punishment enter into your deliberations. Nor are you to speculate about whether the defendant may have been, or may be, held criminally responsible for his conduct in some other segment of the proceedings.

Opinion by Justice Chin (6-1), Justice Liu dissenting.

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~ Justice Liu Flashback:
Emails reveal Clinton's role in controversial judicial nomination
by Sean Higgins | Jul 1, 2015 | WashExaminer

Former Secretary of State Hillary Clinton was apparently behind the 2010 nomination of then-Berkeley law professor Goodwin Liu to serve on the 9th Circuit Court, . . that ended with Liu withdrawing his nomination the following year following revelations
of his numerous controversial writings.

Liu had written in favor of "the use of foreign authority in American constitutional law," in a 2006 article adding, "The resistance to this practice is difficult for me to grasp."

The emails laid out a strategy of describing Liu's record in completely different
and even contradictory terms based on who they were trying to convince.

In a March 20, 2009, email, Cheryl Mills, Clinton's chief of staff, told her boss she
had attached two sets of talking points to be used for two calls on behalf of Liu's candidacy.

Why was Clinton going to bat for a judicial nomination in the first place, something
far outside her role as the administration's top foreign policy official?
She was apparently doing a favor for a friend, Ann O'Leary.

It was O'Leary actually who wrote the talking points regarding her husband that Clinton used. The emails show that Mills then forwarded them directly to
Clinton ... [O'Leary] adding it would be "terrific" if Clinton herself could
promote Liu.

"If possible, it would be great if she could also call Feinstein because we are
hoping Feinstein will not just bless, but affirmatively support Goodwin's
nomination," O'Leary wrote ...

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