State v. Griffin

In State v. Griffin, 756 S.W.2d 475 (Mo. banc 1988), the Court rejected the argument that a deadlocked jury should be required to delineate the statutory aggravators it has found in order to ensure that all the jurors agreed upon at least one aggravating circumstance before reaching an impasse. Griffin, 756 S.W.2d at 488. In disposing of this argument, the Court held: The jury instructions formulated to comply with the requirements of [section] 565.030.4(1), provide the assurance that the jury has found at least one aggravating circumstance. If the jury had not found the existence of any aggravating circumstance, it would have been required to impose a life sentence under MAI-CR 3d 313.40. Only if the jury had initially found the existence of an aggravating circumstance could it, under the instructions, return a verdict announcing that it was unable to agree upon punishment. It is presumed that juries follow their instructions. State v. Preston, 673 S.W.2d 1, 7 (Mo. banc), cert. denied, 469 U.S. 893, 105 S. Ct. 269, 83 L. Ed. 2d 205 (1984). As there is already assurance that a jury returning a verdict announcing it cannot agree upon punishment has made the prerequisite finding of at least one aggravating circumstance, procedural due process does not require the jury to submit the aggravating circumstances it has found in writing. Id.