State v. Leroy
Supreme Court of Minnesota
1Opinion of the Court
OPINION
LANCASTER, Justice.
The issue presented in this case arose in an unusual context in which defense counsel moved for a mistrial after learning that the defendant had been found not guilty of one of two charges against her. Because the motion was made after the jury’s verdict was read into the record and the jury polled, we hold that double jeopardy bars retrial on the count of acquittal. No motion for a new trial on the count of conviction was made, and we remand to permit the defendant to do that if she so chooses.
On May 13, 1998, Susan Lynn Leroy was tried in Otter Tail County on…
2Cases cited16 opinions
- United States v. ScottSupreme Court of the United States · 1978
- United States v. BallSupreme Court of the United States · 1896
- Crist v. BretzSupreme Court of the United States · 1978
- Sanabria v. United StatesSupreme Court of the United States · 1978
- Menna v. New YorkSupreme Court of the United States · 1975
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3Cited by21 opinions
- State of Minnesota v. Thomas Raymond StruzykSupreme Court of Minnesota · 2015
- State v. KingSupreme Court of Minnesota · 2001
- State v. SchmidtSupreme Court of Minnesota · 2000
- State v. LargeSupreme Court of Minnesota · 2000
- State v. Chavarria-CruzSupreme Court of Minnesota · 2013
16 more not listed; retrieve them via the Exa API.