People v. Martinez, 2013 IL 113475

Defendant Esteban Martinez was indicted for aggravated battery and mob action in 2006.
May 17, 2010, trial date, State sought a continuance to locate witnesses Binion and Scott.
Court allowed initial jury panel to be chosen; State requested more time but proceeded partially.
Before the jury was sworn, the State indicated it would not participate in the trial.
The jury was sworn; the State presented no witnesses or openings; defense moved for directed findings.
Circuit court directed a verdict of not guilty; case dismissed; State appealed under Rule 604(a)(1).

Issue	Plaintiff's Argument	Defendant's Argument	Held
May the State appeal after directed verdict?	Martinez	Martinez	Appellate court had jurisdiction; directed verdicts appealable dismissal.
Did jeopardy attach to bar appeal?	State; jeopardy did not attach because participation ceased before swearing	Martinez; jeopardy attached when jury sworn	Jeopardy did not attach; appealable dismissal under Rule 604(a)(1).

People v. Deems, 81 Ill.2d 384 (1980) (jeopardy not attached where no risk of conviction; dismissal not an acquittal)
People v. Boyt, 109 Ill.2d 403 (1985) (state appealability from dismissal under Rule 604(a)(1))
People v. Milka, 211 Ill.2d 150 (2004) (double jeopardy considerations in Illinois)
Crist v. Bretz, 437 U.S. 28 (1978) (jeopardy and trial rights in jury proceedings)
United States v. Martin Linen Supply Co., 430 U.S. 564 (1977) (jeopardy attaches when jury is sworn; protection of trial rights)
Serfass v. United States, 420 U.S. 377 (1975) (jeopardy rules and trial commencement standards)
Green v. United States, 355 U.S. 184 (1957) (double jeopardy basis and protections)
Downum v. United States, 372 U.S. 734 (1963) (jeopardy safeguards in post-swearing contexts)