State v. Mestas
New Mexico Court of Appeals
1Opinion of the Court
OPINION
WOOD, Chief Judge.
Defendant appeals an order denying his double jeopardy claim. We discuss: (1) whether the order is appealable, and (2) prosecutor misconduct which prohibits a retrial.
Whether the Order is Appealable
Defendant was convicted of criminal sexual penetration in the second degree and kidnapping. These convictions were reversed by memorandum opinion of this Court in State v. Mestas, (Ct.App.) No. 3608, decided August 22, 1978. A second trial in February, 1979 terminated when a mistrial was declared by the trial court. Defendant then moved for dismissal of the charges on the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. JornSupreme Court of the United States · 1971
- United States v. DinitzSupreme Court of the United States · 1976
- Lee v. United StatesSupreme Court of the United States · 1977
- State v. HogervorstNew Mexico Court of Appeals · 1977
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. BarancoHawaii Supreme Court · 1994
- State v. ApodacaNew Mexico Court of Appeals · 1997
- Nalbandian v. Superior CourtCourt of Appeals of Arizona · 1989
- State v. MessierNew Mexico Court of Appeals · 1984
- State v. EarnestNew Mexico Supreme Court · 1985
4 more not listed; retrieve them via the Exa API.