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 first jury, after receiving the required greater-and-lesser-offense instruction and fully considering the greater charge, returned a verdict on the lesser offense without convicting him of first-degree murder. Martin's appeal of the second-degree conviction did not reopen jeopardy 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 based on prejudice. Judge Gould, concurring, agreed with the result but questioned whether the lesser-offense instruction adequately addresses the double-jeopardy consequences of an "unable to agree" verdict.