Legal Opinion
State v. Breit
New Mexico Supreme Court
Decided December 6, 1996No. 21954PublishedCited by 120 opinions
1Opinion of the Court
OPINION
FRANCHINI, Justice.
[1] Foster James Breit was convicted for aggravated assault with a deadly weapon and the first-degree murder of Colvin Hill. However, the court granted a motion for a new trial because of extreme prosecutorial misconduct. Breit was convicted on retrial and sentenced to life in prison. On double-jeopardy grounds, we reverse the convictions and discharge Breit from any further prosecution in this matter.
[2] Double jeopardy has been held to bar a new trial when a defendant is goaded by prosecutorial misconduct to move for a mistrial. Oregon v. Kennedy, 456 U.S. 667,…
2Cases cited43 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Berger v. United StatesSupreme Court of the United States · 1935
- Weeks v. United StatesSupreme Court of the United States · 1914
- Green v. United StatesSupreme Court of the United States · 1957
- United States v. JornSupreme Court of the United States · 1971
38 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- State v. RoganHawaii Supreme Court · 1999
- State v. DuffyNew Mexico Supreme Court · 1998
- Trujillo v. City of AlbuquerqueNew Mexico Supreme Court · 1998
- Ex Parte MitchellCourt of Criminal Appeals of Texas · 1997
115 more not listed; retrieve them via the Exa API.