Legal Opinion
State v. O'KELLEY
New Mexico Court of Appeals
Decided November 25, 1991No. 12618PublishedCited by 8 opinions
1Opinion of the Court
OPINION
MINZNER, Judge.
Defendant was indicted for vehicular homicide and driving while intoxicated. After a trial on both charges, the jury convicted him of driving while intoxicated, but could not agree as to vehicular homicide. The state appeals an order granting defendant’s motion to dismiss the charge of homicide by vehicle on the basis of double jeopardy. The sole issue presented on appeal is whether the constitutional prohibition against double jeopardy precludes a retrial of the vehicular homicide charge. We reverse.
FACTS AND PROCEDURAL BACKGROUND.
On November 27, 1989, defendant was…
2Cases cited16 opinions
- Green v. United StatesSupreme Court of the United States · 1957
- Arizona v. WashingtonSupreme Court of the United States · 1978
- Oregon v. KennedySupreme Court of the United States · 1982
- United States v. PerezSupreme Court of the United States · 1824
- Grady v. CorbinSupreme Court of the United States · 1990
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. FosterNew Mexico Supreme Court · 1999
- State v. CollierNew Mexico Supreme Court · 2013
- State v. MartinezNew Mexico Supreme Court · 1995
- State v. PowersNew Mexico Court of Appeals · 1998
- State v. O'KELLEYNew Mexico Court of Appeals · 1994
3 more not listed; retrieve them via the Exa API.