State v. MartinAnnotate this Case
The Supreme Court vacated the decision of the court of appeals affirming Defendant's conviction and sentence, holding that trying Defendant a second time for first-degree murder under the circumstances of this case violated his constitutional right to be free from double jeopardy.
In 2013, Defendant was tried for first-degree murder. The jury was unable to agree on that charge and found Defendant guilty of the lesser-included offense of second-degree murder. Defendant appealed on procedural grounds, and the court of appeals reversed the conviction and remanded the case for a new trial. Before the second trial, the trial court granted the State's motion to retry Defendant for first-degree murder. Defendant was then retried and convicted of first-degree murder. The court of appeals affirmed. The Supreme Court vacated the court of appeals' decision, holding that double jeopardy barred Defendant's retrial for first-degree murder because the State had a full and fair opportunity to try him on that charge in the first trial, and the jury refused to convict. The Supreme Court remanded the case to the trial court to consider whether to reduce Defendant's conviction to the lesser-included offense or to order a new trial.