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in a 5-4 decision, the justices affirmed a Pennsylvania Supreme Court decision that held that neither the double jeopardy clause nor the due process clause barred Pennsylvania from seeking the death penalty on the retrial of a defendant on a capital murder charge. It held that the entry of a life sentence in the first trial did not implicate double jeopardy and that the state was free to seek the death penalty at a second trial. Sattazahn v. Pennsylvania, No. 01-7574. Scalia’s opinion was joined by Rehnquist, Kennedy, O’Connor and Thomas. Ginsburg filed a dissent, which was joined by Stevens, Souter and Breyer.

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