Legal Opinion
State v. ROESCHELEIN
Court of Appeals of Minnesota
Decided December 29, 2009No. A09-203PublishedCited by 1 opinion
1Opinion of the Court
OPINION
SCHELLHAS, Judge.
Following a mistrial declared without his consent and a conviction in his retrial, appellant challenges the district court’s denial of his motion to dismiss on the basis of double jeopardy. Because the district court did not consider less drastic alternatives when it declared a mistrial without the defendant’s consent, we reverse.
FACTS
On December 29, 2007, the state charged appellant John Richard Roesche-lein with two counts of fourth-degree driving while impaired in violation of Minn. Stat. §§ 169A.20, subd. 1(5), and .27, subd. 1 (2006). With the advice of counsel,…
2Cases cited11 opinions
- Illinois v. SomervilleSupreme Court of the United States · 1973
- State v. DanielsSupreme Court of Minnesota · 1985
- Evelyn Louise Long v. Hubert H. Humphrey, IIICourt of Appeals for the Eighth Circuit · 1999
- Moreno v. Crookston Times Printing Co.Supreme Court of Minnesota · 2000
- State v. McDonaldSupreme Court of Minnesota · 1974
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3Cited by1 opinion
- Dereje v. StateCourt of Appeals of Minnesota · 2012