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Terms Used In Louisiana Code of Criminal Procedure 905.1

  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

           A. Except as provided in Paragraph B of this Article, the sentencing hearing shall be conducted before the same jury that determined the issue of guilt. The order of sequestration shall remain in effect until the completion of the sentencing hearing.

           B. If an error occurs only during the sentencing hearing which would necessitate the declaration of a mistrial, or the granting of a new trial by the trial court, or if an appellate court finds an error that occurred only in the sentencing hearing which would necessitate a remand and a new trial, then the trial court shall be empowered to empanel a new jury under the same procedure set out in Chapter 3 of Title XXVI of this Code for determining only the issue of penalty, and the rule of sequestration shall apply to the new jury so empanelled.

           Added by Acts 1976, No. 694, §1. Amended by Acts 1977, No. 105, §1.