Legal Opinion
State v. Cuneo
New Jersey Superior Court Appellate Division
Decided July 5, 1994PublishedCited by 1 opinion
1Opinion of the Court
The opinion of the court was delivered by
KING, P.J.A.D.
This case concerns the application of the doctrine of double jeopardy where a defendant charged with DWI and other motor vehicle offenses submits to a municipal court trial on the sole issue of operation. We conclude that jeopardy attached to the proceeding. The State cannot appeal an adverse determination and, if successful, seek to retry the defendant after the adjudication of nonoperation is made. The adjudication of nonoperation was tantamount to a judgment of acquittal.
On May 9, 1992 defendant was arrested and charged with driving…
2Cases cited8 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- State v. LynchSupreme Court of New Jersey · 1979
- State v. SmithSupreme Court of New Jersey · 1956
- State v. WarNew Jersey Superior Court Appellate Division · 1955
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State of New Jersey v. Gale SorensenNew Jersey Superior Court Appellate Division · 2015