Legal Opinion
State v. Angel
New Mexico Supreme Court
Decided July 24, 2002No. 26,683PublishedCited by 21 opinions
1Opinion of the Court
OPINION
BACA, Justice.
{1} We granted our writ of certiorari to the Court of Appeals pursuant to NMSA 1978, § 34-5-14 (1972), to decide whether this Court should abandon its long-standing jurisdictional exception to the double jeopardy prohibition against successive prosecutions. However, because we conclude that jeopardy did not attach when the magistrate court accepted Defendant’s plea but dismissed the charges prior to sentencing, the Double Jeopardy Clause did not bar Defendant’s subsequent prosecution in district court. We, therefore, do not reach the jurisdictional exception issue.…
2Cases cited16 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Alabama v. SmithSupreme Court of the United States · 1989
- Serfass v. United StatesSupreme Court of the United States · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- In re PeopleSupreme Court of The Virgin Islands · 2009
- State v. VaughnNew Mexico Court of Appeals · 2005
- State v. ThomasSupreme Court of Connecticut · 2010
- State v. SoutarNew Mexico Court of Appeals · 2012
- State v. JimenezNew Mexico Court of Appeals · 2006
16 more not listed; retrieve them via the Exa API.