North Dakota Supreme Court

State v. Martinez

December 4, 20252025 ND 204

Summary

The court held that replacing an empaneled juror with a properly selected alternate did not violate double jeopardy because the substitution did not terminate the original jeopardy. It also held that the district court acted within its discretion in replacing the juror after observing and investigating the juror's close interaction with the defendant's relative. The criminal judgments were affirmed.