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STATE v. GUTIERREZ

No. 33,296.

333 P.3d 247 (2014)

2014-NMSC-031

STATE of New Mexico, Plaintiff-Respondent, v. Julian GUTIERREZ, Defendant-Petitioner.

Supreme Court of New Mexico.

August 7, 2014.

Attorney(s) appearing for the Case

Daniel R. Lindsey, P.C., Daniel R. Lindsey , John L. Collins, Jr. , Clovis, NM, for Petitioner.

Gary K. King , Attorney General, Martha Anne Kelly , Assistant Attorney General, Santa Fe, NM for Respondent.

OPINION

DANIELS, Justice.

This case involves factually related issues of the boundaries between proper and improper prosecutorial conduct in dealing with recalcitrant witnesses and of the circumstances in which a mistrial and retrial may take place without violating constitutional double jeopardy protections when a witness does not appear for trial. Following federal double jeopardy principles in United States Supreme Court precedent, we conclude that a...

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