United States v. Donnell Young

OPINION

RALPH B. GUY, JR., Circuit Judge.

The government appeals from the order granting defendant Donnell Young’s motion to empanel separate juries to hear the guilt and penalty phases of his trial on capital and noncapital offenses. The district court found it had authority under 18 U.S.C. § 3593(b)(2)(C), on a showing of “good cause,” to decide to empanel a non-death-qualified jury to determine the question of guilt and then, if convicted of a capital offense, to empanel a second death-qualified jury to decide whether to impose the death penalty.

The government maintains that this dual-jury…