United States v. Green

MEMORANDUM AND ORDER RE: BIFURCATION

GERTNER, District Judge.

On July 7, 2004,1 issued a Memorandum and Order Re: Severance/Bifurcation of Guilt and Punishment. See United States v. Green, 324 F.Supp.2d 311 (D.Mass. 2004). I noted that it was an open question as to whether the Court, sitting on a federal death penalty-eligible case (under 18 U.S.C. §§ 3591-3593), was obliged to impanel a single jury charged with determining both guilt and, if necessary, punishment, and death-qualify that group before either proceeding began. I proposed two methods to address the question, and called for…