State of Arizona v. Philip John Martin

JUSTICE BOLICK, opinion of the Court:

¶1 Philip John Martin was tried for first-degree murder in 2013, but the jury marked the verdict form "[u]nable to agree" on that charge and instead found him guilty of the lesser-included offense of second-degree murder. After successfully appealing that conviction, Martin was retried and convicted of first-degree murder. We hold that double jeopardy barred Martin's retrial for first-degree murder because the State had a full and fair opportunity to try him on that charge in the first trial and the jury, after full deliberation, refused to convict.

BACKGROU…