When double jeopardy begins
Martinez v. Illinois
In brief
The Supreme Court overturned the state court's ruling and said Illinois could not retry Martinez after the jury was sworn and the trial judge found the state's evidence insufficient.
- Where it stands
- Decided
Decided · May 27, 2014 · Per curiam
- What it’s about
- After the jury was sworn, Illinois presented no evidence, and the trial judge entered a not-guilty verdict for Esteban Martinez.
- Who it affects
- Illinois cannot retry Martinez on those charges because the trial judge found the state's evidence insufficient to convict.
Summary: written with AI from the case record.
What it's about
The Supreme Court overturned the Illinois Supreme Court and sent the case back (remanded), ruling that the jury’s oath triggered protection against a second trial and Martinez could not be tried again.
Illinois had repeatedly postponed Martinez's trial because it could not locate two witnesses. When they did not appear on May 17, 2010, the state declined to present evidence.
Illinois appealed the not-guilty verdict, arguing that the trial judge should have granted its request for more time.
Question presented
Does jeopardy attach when the jury is empaneled and sworn if the State does not participate in the trial?
What the Court decided
Holding
The judg ment of the Supreme Court of Illinois is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
- Result
- Reversed
The Court's reasoning
The Court said protection against a second trial begins when a jury is selected and sworn. Because the trial judge found the state's evidence insufficient to support a conviction, Martinez could not be tried again.
The vote
- Majority author
- Per Curiam
What's next
The case returns to the Illinois courts for further proceedings consistent with the Supreme Court's opinion.
Documents
Opinions
Docket activity
New analysis added
AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
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Opinion added: Martinez
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.