Legal Opinion

State v. LeRoy

Court of Appeals of Minnesota

Decided July 28, 1999No. C0-98-1247PublishedCited by 2 opinions

1Opinion of the Court

OPINION

HOLTAN, Judge.**

Appellant argues that double jeopardy-bars her retrial on a fifth-degree assault charge on which the jury voted to acquit before declaration of a mistrial. We affirm.

FACTS

Appellant Susan Leroy was tried oh one charge of disorderly conduct and one charge of fifth-degree assault. After receiving the verdict forms from the jury foreperson, the trial court discovered that the jury had received a copy of the amended complaint. Nonetheless, the court read the verdict forms aloud, pronouncing appellant guilty of disorderly conduct but not guilty of fifth-degree assault, and…

2Cases cited4 opinions

  1. Richardson v. United StatesSupreme Court of the United States · 1984
  2. State v. CoxSupreme Court of Minnesota · 1982
  3. State v. McDonaldSupreme Court of Minnesota · 1974
  4. State v. WatleyCourt of Appeals of Minnesota · 1995

3Cited by2 opinions

  1. State v. LeroySupreme Court of Minnesota · 1999
  2. State v. LeRoyCourt of Appeals of Minnesota · 1999

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