State v. Messier

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that when a defendant raises the issue of double jeopardy, the burden rests on the state to show the existence of manifest necessity to justify the mistrial declaration
• holding trial judge properly exercised discretion to declare mistrial when video testimony of child witness was inaudible and live testimony was not a possibility because of earlier ruling the child could not testify without suffering harm
• holding trial judge properly exercised discretion to declare mistrial when video testimony of child witness was inaudible and live testimony was not a possibility because of earlier ruling the child could not testify without suffering harm
• “Determination of the propriety of manifest necessity 3 must be made under the particular facts of each individual case.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• State v. Lucero
  New Mexico Court of Appeals· 1999-05-07· cited 48×
• State v. Saavedra
  New Mexico Supreme Court· 1988-12-21· cited 39×
• State v. Vigil
  New Mexico Court of Appeals· 1985-10-31· cited 33×
• Callaway v. State
  New Mexico Supreme Court· 1990-01-25· cited 19×
• State v. Yazzie
  New Mexico Court of Appeals· 2010-02-17· cited 12×
• State v. Salazar
  New Mexico Court of Appeals· 1997-07-08· cited 10×
• State v. Vanderdussen
  New Mexico Court of Appeals· 2018-04-05· cited 8×
• State v. Callaway
  New Mexico Court of Appeals· 1989-11-07· cited 7×
• State v. Gutierrez
  New Mexico Court of Appeals· 2011-10-25· cited 6×
• In re Petition for Habeas Corpus by Bowman
  Supreme Court of Kansas· 2019-05-17· cited 5×
• State v. Gutierrez
  New Mexico Court of Appeals· 2012-01-25