The double jeopardy clause is now interpreted to prohibit a redetermination of a sentence where a state's capital sentencing statutes mandate a bifurcated trial in which the sentencing hearing is procedurally identical to the guilt determination portion of the trial.
Walker, Carol Evans
"Bullington v. Missouri: The Cloning of the Prosecutorial Apple,"
Northern Illinois University Law Review: Vol. 2:
1, Article 1.
Available at: https://huskiecommons.lib.niu.edu/niulr/vol2/iss1/1
College of Law
Northern Illinois University Law Review