Nature of the Case
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Facts
D was convicted of murder, and the capital sentencing phase of his trial was begun. The jury was instructed and deliberated. The jury came back deadlocked and was questioned and polled. The poll revealed an 8-4 deadlock. The jury was then asked to leave the courtroom while D moved for a mistrial; that was denied. The jury returned and then told the judge they misunderstood his poll and were questioned again and then the deadlock was revealed to be 11-1. The judge issued a supplemental instruction that the jurors should consider the views of each other but not give up their honest beliefs. The jury deliberated and returned 30 minutes later with a death sentence. The Louisiana Supreme Court affirmed and D sought habeas relief.
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