Legal Opinion
State v. Apodaca
New Mexico Court of Appeals
Decided April 30, 1997No. 16894PublishedCited by 31 opinions
1Opinion of the Court
OPINION
HARTZ, Chief Judge.(1) Defendant contends that he has been acquitted of the charge of criminal sexual penetration (CSP) in the second degree and that the prohibition against double jeopardy precludes the State from retrying him on that charge. He appeals from the denial of his motion for entry of a verdict of not guilty on the CSP charge and from an order that declared a mistrial and ruled that the State had the right to retry him on the charge. We hold that Defendant has the right to appeal from the order permitting a new trial, but we affirm the order because Defendant was not…
2Cases cited30 opinions
- Abney v. United StatesSupreme Court of the United States · 1977
- Richardson-Merrell Inc. v. Koller Ex Rel. KollerSupreme Court of the United States · 1985
- Harris v. WashingtonSupreme Court of the United States · 1971
- Kelly Inn No. 102, Inc. v. KapnisonNew Mexico Supreme Court · 1992
- United States v. HilandCourt of Appeals for the Eighth Circuit · 1990
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3Cited by31 opinions
- State v. LynchNew Mexico Supreme Court · 2003
- State v. CastañedaNew Mexico Court of Appeals · 2001
- Los Chavez Cmty. Assn. v. Valencia Cnty.New Mexico Court of Appeals · 2012
- Los Chavez Community v. Valencia CountyNew Mexico Court of Appeals · 2012
- State v. JordanCourt of Criminal Appeals of Tennessee · 2003
26 more not listed; retrieve them via the Exa API.