State v. Clyde

222 Submitted February 27, affirmed September 20, 2023, petition for review denied January 12, 2024 ( 371 Or 825) STATE OF OREGON, Plaintiff-Respondent, v. NICHOLAS RYAN CLYDE, Defendant-Appellant. Douglas County Circuit Court 14CR1911FE; A176269

537 P3d 170

Defendant appeals from the trial court’s denial of his motion to dismiss on double jeopardy grounds. On appeal, defendant argues that ORS 131.525(1), Article I, section 12, of the Oregon Constitution, and the Fifth Amendment bar his retrial because his first trial resulted in nonunanimous guilty verdicts. Specifically, he contends that ORS…