Consequently, a new jury has been impaneled in numerous subsequent Georgia cases when the original decision was remanded for a new penalty hearing. See, Godfrey v. State, Ga.Supr., 248 Ga. 616, 284 S.E.2d 422 (1981); Stevens v. State, Ga.Supr., 245 Ga. 583, 266 S.E.2d 194, 196 (1980); Burger v. State, Ga.Supr., 245 Ga. 458, 265 S.E.2d 796, 798 (1980); Sprouse v. State, Ga.Supr., 242 Ga. 831, 252 S.E.2d 173, 176 (1979); Fleming v. State, Ga.Supr., 243 Ga. 120, 252 S.E.2d 609, 611 (1979). A similar conclusion was reached in Messer v. State, Fla.Supr., 330 So.2d 137 (1976), where the Florida Supreme Court reasoned that a new jury should be impaneled even though it would "result in a hearing before a different jury from that which heard the evidence upon which the verdict of guilty was rendered".

See State v. Pina, 440 A.2d 962, 965 66 (Conn. 1981) (holding that where the sentence imposed did not make the statutorily required indication of whether the terms shall run concurrently or consecutively, the sentence may be corrected without imposing double jeopardy); Godfrey v. State, 248 Ga. 616, 284 S.E.2d 422, 425-26 (1981) (holding that where the Supreme Court had reversed defendant's death penalty sentence on the grounds it was a standardless and unchannelled imposition, the Double Jeopardy Clause does not preclude reimposition of death penalty on remand because the reversal was for trial error, not insufficiency of the evidence); and People v. Maldonado, 82 A.D.2d 576, 442 N.Y.S.2d 567 (N Y App. Div. 1981) (distinguishing Bullington on the grounds it was a capital case in which a trial was held on the issue of punishment, and on the grounds that the present case involved trial error rather than insufficiency of the evidence) See also Fitzpatrick v. State, 638 P.2d 1002 (Mont. 1981) (holding that because Montana's sentencing proceeding does not resemble a trial, Bullington does not preclude an imposition of the death penalty on retrial, even though the judge in the first trial refused to impose that penalty).