State of New Mexico, Plaintiff-Respondent v. Kelson Lewis, Defendant-Petitioner.

Summary

The New Mexico Supreme Court affirmed the district court’s finding of manifest necessity to declare a mistrial on the greater charge of criminal sexual contact of a minor and allowed retrial, holding that the court satisfied Rule 5-611(D) by establishing a clear record of the jury’s deadlock. It also resolved an ambiguity in jury instructions by adopting a modified acquit‑first approach, requiring a unanimous not‑guilty verdict on the greater offense before a verdict on a lesser included offense may be accepted.