Legal Opinion
State v. Martinelli
Supreme Judicial Court of Maine
Decided November 28, 2017No. Docket: Pen-17-49PublishedCited by 7 opinions
1Opinion of the CourtMead, J.
[¶ 1] Michael Martinelli appeals from an order entered by the trial court (Penobscot County, Lucy, J.) denying his motion to dismiss a complaint charging him with operating under the influence (OUI) (Class D), 29-A M.R.S. § 2411(1-A)(C)(1) (2016). He contends that, because he had already been convicted after a jury trial on a complaint containing the identical charging language, forcing him to stand trial on the complaint at bar would violate his constitutional rights to be free from double jeopardy. U.S. Const. amend. V; Me. Const. art. I, § 8. We conclude that Martinelli’s double jeopardy…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. DixonSupreme Court of the United States · 1993
- Grady v. CorbinSupreme Court of the United States · 1990
- United States v. Nizar TrabelsiCourt of Appeals for the D.C. Circuit · 2017
- State v. Lola Mae C.West Virginia Supreme Court · 1991
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State of Maine v. Marcus AsanteSupreme Judicial Court of Maine · 2020
- State of Maine v. Kyle A. ChaseSupreme Judicial Court of Maine · 2023
- State of Maine v. Aubrey ArmstrongSupreme Judicial Court of Maine · 2019
- State of Maine v. Abdihamit A. AliSupreme Judicial Court of Maine · 2025
- State of Maine v. Aubrey ArmstrongSupreme Judicial Court of Maine · 2020
2 more not listed; retrieve them via the Exa API.