Harrison v. Gillespie

THOMAS, Circuit Judge,

with whom REINHARDT, .FLETCHER, FISHER, and BERZON, Circuit Judges, join, dissenting:

By all indications, the jurors in James Harrison’s capital trial had decided to acquit him of the death penalty. They had informed the trial judge that they were deadlocked between life with parole and life without parole. The trial judge acknowledged that the jury “was not discussing the death penalty.” However, rather than conduct the jury poll requested by defense counsel to ascertain whether the jury had reached, or could reach, a verdict on the death penalty, the trial judge…