Martin v. State

My objection only relates to remanding this case for a retrial on the battery charge. We are violating our own procedural rules and placing this defendant in jeopardy twice.

The murder and battery charges were required to be tried together because they were of a similar character (both shootings) based on “. . . a series of acts connected together or constituting parts of a single scheme or plan.” A.R.Cr.P. Rule 21.1. Indeed the second shooting occurred immediately after the first, and the defense is so interrelated with the facts of the first they cannot be separated in the second trial…