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New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial

by Matt Clarke

The Supreme Court of New Mexico reversed two counts of criminal sexual contact with a minor and one count of child abuse under NMSA 1978, §§ 30-­9-­13(B)(1) (2003) and 30-­6-­1(D) (2009), after holding that the second trial on those charges violated the prohibition against double jeopardy because of ...

 

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