Harrison v. Gillespie

*476Opinion by Judge MILAN D. SMITH, JR.; Concurrence by Chief Judge KOZINSKI; Dissent by Judge THOMAS; Dissent by Judge REINHARDT.

OPINION

M. SMITH, Circuit Judge:

Petitioner James Harrison was convicted of first-degree murder in the guilt phase of his trial, but the jury deadlocked over his sentence in the penalty phase of his case. Harrison requested that the jury be polled to ascertain whether the jury had ruled out the death penalty, and was deadlocked on a lesser sentence. The trial court denied Harrison’s request and, after determining that further deliberations would not help the jury arrive…