State v. Collier, 301 P.3d 370

Defendant Collier was indicted for extreme cruelty to animals, a fourth-degree felony, after a horse died following training.
At first trial (2008) the jury could not reach a verdict on the felony charge, entry of mistrial based on manifest necessity due to deadlock.
At second trial (2009) the court instructed on a lesser-included offense; felony acquitted, misdemeanor charge unresolved due to jury deadlock, mistrial on that count.
District court later dismissed the case as the misdemeanor lesser offense was not charged within the two-year statute of limitations for that offense.
State sought retrial on the lesser included misdemeanor offense; Defendant challenged double jeopardy, statute of limitations, and speedy-trial grounds; appellate history led to certiorari.
Court holds retrial on the lesser included misdemeanor offense is permissible under continuing jeopardy; statute of limitations does not bar retrial; speedy-trial claim remains to be addressed on remand.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May the State retry on the lesser included offense after a hung jury?	State argues continuing jeopardy allows retrial on lesser offense.	Defendant argues retrial violates double jeopardy as to same offense after acquittal on greater offense.	Yes; retrial on lesser included offense permitted.
Does the statute of limitations bar retrial on the lesser included offense?	Indictment filed within the two-year limit for misdemeanor offense.	Trial on lesser offense occurred after the limitations period had run; barred retrial.	No; timing of charging document governs; indictment within period; retrial allowed.
Does issue preclusion/ acquittal on the felony preclude retrial on the misdemeanor?	Acquittal as to felony could preclude other issues.	Acquittal on felony necessarily decides all ultimate facts for misdemeanor.	No; acquittal on felony does not preclude retrial on misdemeanor due to differing mens rea and cognate rules.
Should the speedy-trial claim be considered on remand?	Court should address speedy-trial claim.	Court should address; appellate review de novo.	Not decided on the merits here; remanded for district court to rule, if properly preserved.

State v. Desnoyers, 132 N.M. 756, 55 P.3d 968 (2002) (mistrial due to hung jury does not terminate jeopardy; retrial permissible)
Brown v. Ohio, 432 U.S. 161 (1977) (retrials after mistrial not barred when, under manifest necessity, the same offense is charged)
Richardson v. United States, 468 U.S. 317 (1984) (jeopardy terminates only by final judgment; mistrial not termination)
United States v. Perez, 22 U.S. 579 (1824) (before jeopardy ends, retrial after manifest necessity allowable)
State v. Martinez, 120 N.M. 677, 822 P.2d 715 (1995) (continuing jeopardy and retrial principles in NM guidance)
State v. O’Kelley, 113 N.M. 25, 822 P.2d 124 (1991) (retrials after mistrial supported by NM rule)
Meadors, 121 N.M. 38, 908 P.2d 731 (1995) (notice and lesser-included offense instructions; cognate approach)
Gooday, 714 F.2d 80 (1983) (federal rule treating lesser included offenses as if charged separately)
Spearman, 2012-NMSC-023 (2012) (speedy-trial framework in NM)
Kerby, 2007-NMSC-014 (2007) (statute of limitations purposes; timely charging stops clock for offenses and lesser included offenses)