State of Arizona, Appellee v. Philip John Martin, Appellant.

Summary

The court held that double jeopardy barred Martin’s retrial for first-degree murder because the State had a full and fair opportunity to prove that charge and the jury returned a complete verdict on the lesser-included offense after being unable to agree on the greater offense. Martin’s appeal of the second-degree murder conviction did not restart jeopardy or waive his protection against retrial on the greater offense. The court vacated the court of appeals’ decision and remanded for the trial court to determine whether to reduce the conviction to second-degree murder or order a new trial if Martin can show prejudice. Justice Gould, concurring, agreed with the result but questioned whether the reasonable-efforts framework adequately addresses genuinely hung juries and suggested that reconsideration of that framework may be appropriate.