State of New Mexico, Plaintiff-Respondent v. Julian Gutierrez, Defendant-Petitioner

Summary

The New Mexico Supreme Court held that the district court erred in declaring a mistrial when the prosecution’s key witness failed to appear after the jury was sworn, finding no manifest necessity and that the federal Double Jeopardy Clause bars a retrial. The Court reversed the lower courts and remanded with instructions to dismiss the indictment, without deciding the alleged prosecutorial misconduct claim.