New Mexico Supreme Court

State v. Phillips

May 15, 20172017 NMSC 19

Summary

The New Mexico Supreme Court held that the district court abused its discretion by failing to obtain a clear record of which offenses the jury deadlocked on, requiring dismissal of the first- and second-degree murder charges with prejudice while allowing retrial on voluntary manslaughter. The Court clarified the trial court’s duty to resolve any ambiguity in a jury poll before declaring a mistrial.