State v. Lewis
2017 NMCA 56
| N.M. Ct. App. | 2017Background
- Defendant Kelson Lewis faced multiple charges including CSCM; the State sought to amend Count 1 from second degree CSCM to third degree CSCM and to include battery as a lesser offense.
- After trial, the court declared a mistrial on Count 1 due to jury deadlock and acquitted Counts 2–5; Lewis sought to bar retrial on CSCM based on double jeopardy.
- The jury deliberated for several days; prosecutors and defense debated whether the jury was deadlocked on CSCM or the battery charge.
- The district court polled the jury regarding deadlock during deliberations and received notes indicating inability to decide on CSCM but unsure about battery.
- The jury ultimately indicated it was finished with Count 1 deliberations and had not reached a unanimous verdict on CSCM; notes and foreman’s statements were used to interpret the level of impasse.
- The NM Court of Appeals concluded there was manifest necessity to declare a mistrial on CSCM and that retrial did not violate double jeopardy, after reviewing Rule 5-611(D) polling and the jury notes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether retrial on CSCM violates double jeopardy | Lewis argues implied acquittal on CSCM blocks retrial | State contends the jury was deadlocked on CSCM, not acquitted | Retrial allowed; no double jeopardy violation |
| Whether the jury was deadlocked on CSCM or battery | Record shows impasse on CSCM only | Record is ambiguous about level of deadlock | Record shows deadlock on CSCM; manifest necessity for mistrial |
| Whether Rule 5-611(D) polling was properly applied | Polling should clearly determine level of deadlock | Informal juror communication suffices to determine impasse | Notes and foreman confirmation satisfied Rule 5-611(D) intent |
Key Cases Cited
- State v. Castrillo, 90 N.M. 608 (1977-NMSC-059) (record silent on which included offense caused impasse; mistrial requires more inquiry)
- State v. Garcia, 137 N.M. 315 (2005-NMCA-042) (polling after verdicts; proper handling of lesser included offenses when greater offense deadlocked)
- State v. Fielder, 138 N.M. 244 (2005-NMCA-108) (deadlock on greater offense; must determine level of impasse to avoid improper retrial)
- State v. Montoya, 306 P.3d 426 (2013-NMSC-020) (double jeopardy protections for multiple prosecutions or punishements)
- State v. Baca, 352 P.3d 1151 (2015-NMSC-021) (double jeopardy considerations after trials and lesser included offenses)
- State v. Collier, 301 P.3d 370 (2013-NMSC-015) (proper handling of lesser included offenses in double jeopardy context)