In re Mello
Supreme Court of New Hampshire
1Opinion of the CourtBrock, C.J.
The petitioner, James Mello, seeks a writ of certiorari from an order of the Superior Court {Smith, J.) ruling that his reprosecution after the court had declared a mistrial would not violate double jeopardy. We grant the petition.
In July 1998, the petitioner was tried before a jury in Superior Court {Smith, J.) for felonious sexual assault and aggravated felonious sexual assault. See RSA 632-A:2, :3 (1996 & Supp. 1999). On July 24, the trial court notified counsel in chambers that the jury appeared to be deadlocked eleven to one in favor of acquittal. The court explained that one female…
2Cases cited12 opinions
- Ralph Rodney Earnest v. Donald Dorsey, Attorney General of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1996
- United States v. Gaston BritoCourt of Appeals for the First Circuit · 1995
- State v. WongSupreme Court of New Hampshire · 1993
- State v. DushameSupreme Court of New Hampshire · 1992
- State v. RideoutSupreme Court of New Hampshire · 1999
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3Cited by4 opinions
- State v. GoupilSupreme Court of New Hampshire · 2006
- State v. KornbrekkeSupreme Court of New Hampshire · 2008
- In re BrosseauSupreme Court of New Hampshire · 2001
- Naseef Fernando Bryan v. New Hampshire Supreme Court Clerk’s Office et al.District Court, D. New Hampshire · 2026