State v. Paquin

The defendant, Maryann Paquin, appeals the Superior Court’s (.Hampsey, J.) denial of her motion to dismiss two indictments charging her with selling cocaine. See RSA 318-B.-2 (1995). During her previous trial on the same indictments, the Superior Court (Hampsey, J.) declared a mistrial after learning that the jury foreperson took notes in violation of the court’s instructions. We must decide whether the trial court erred in holding that neither the State nor the federal constitutional prohibitions against double jeopardy bar retrial. We reverse.

The defendant’s first trial on the two…