Lemke v. Rayes

OPINION

HALL, Judge.

¶ 1 Robert David Lemke seeks special action review of the superior court’s order denying his motion to dismiss his felony-murder charge before retrial as barred by double jeopardy and collateral estoppel principles. In denying Lemke’s motion, the superior court determined that: (1) there are no less er-included offenses of felony murder and therefore no other offenses constitute the “same offense” as felony murder for double jeopardy purposes; and (2) Lemke failed to meet his burden of demonstrating that the jury decided an ultimate issue of fact in his favor as required…