Legal Opinion
State v. Messier
New Mexico Court of Appeals
Decided August 7, 1984No. 7635PublishedCited by 11 opinions
1Opinion of the Court
OPINION
DONNELLY, Chief Judge.
Defendant pursues this interlocutory appeal from the trial court’s order granting a mistrial following commencement of his trial for criminal sexual penetration, contrary to NMSA 1978, Section 30-9-11. The issue presented is whether a retrial of defendant is barred under principles of double jeopardy.
The facts as they relate to the claim of double jeopardy are as follows: Defendant was charged with criminal sexual penetration of a minor. Prior to trial the state moved to have the testimony of the alleged victim, an eleven-year-old child, videotaped in lieu of…
2Cases cited31 opinions
- Arizona v. WashingtonSupreme Court of the United States · 1978
- United States v. PerezSupreme Court of the United States · 1824
- Wade v. HunterSupreme Court of the United States · 1949
- Illinois v. SomervilleSupreme Court of the United States · 1973
- People v. CastroSupreme Court of Colorado · 1983
26 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. SaavedraNew Mexico Supreme Court · 1988
- State v. VigilNew Mexico Court of Appeals · 1985
- Callaway v. StateNew Mexico Supreme Court · 1990
- State v. SalazarNew Mexico Court of Appeals · 1997
- State v. YazzieNew Mexico Court of Appeals · 2010
6 more not listed; retrieve them via the Exa API.