Cercy v. State
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The Supreme Court reversed Defendant's conviction of third-degree sexual assault, holding that, on retrial, the district court inadequately instructed the jury.
Defendant's first jury trial ended in not-guilty verdicts on two counts and a mistrial on the third count. On retrial, the jury found Defendant guilty of third-degree sexual assault. Defendant appealed, asserting that the second trial violated the constitutional prohibition against double jeopardy. The Supreme Court reversed the conviction, holding (1) Defendant's second trial for third-degree sexual assault did not violate the prohibition against double jeopardy; but (2) the jury was not properly instructed on the law under which it could find Defendant guilty of third-degree sexual assault.
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