Thompson v. State

In Thompson v. State, 85 S.W.3d 635 (Mo. banc 2002), the jury returned verdicts for life imprisonment on each of defendant's two counts of first-degree murder. The court then polled the jury, asking each juror, "Is that your verdict?" When all but one stated that it was not his or her verdict, answering "no," the court refused to accept the life verdicts and ordered the jury to return for further deliberations. Ultimately, the jury deadlocked and sentencing passed to the court, which imposed two death sentences. Because the trial court ordered the jurors to return for further deliberations after they returned verdicts for life imprisonment without first asking the jurors any further questions in an attempt to clarify their intent or ascertain at what point the jurors may have lacked unanimity, this Court reversed the sentences of death and remanded for a new sentencing hearing. Thompson, 85 S.W.2d at 640-641.