State v. Martinez

Citations

• 2025 ND 204

Syllabus

Under N.D.R.Crim.P. 24, a jury is not empaneled until all jurors, including any alternates, have been qualified, accepted, and sworn. In a jury trial, jeopardy attaches when the jury is empaneled and sworn. A court's replacement of a juror with an alternate juror does not generally implicate the Double Jeopardy Clause. The district court does not abuse its discretion by replacing an empaneled juror with an alternate juror due to an association between a juror and a relative of the defendant.