New Mexico Forms Library
Decision Information
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,161 documents
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 566 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 447 documents
Decision Content
9-508. Order declaring mistrial upon jury disagreement.
[For use with District Court Rule 5-611 NRMA,
Magistrate Court Rule 6-610 NMRA and
Metropolitan Court Rule 7-610 NMRA]
STATE OF NEW MEXICO
COUNTY OF ___________________
________________________ COURT
No. __________
STATE OF NEW MEXICO
v.
__________________________________________, Defendant
ORDER DECLARING MISTRIAL UPON JURY DISAGREEMENT
The jury having deliberated a reasonable time and having reported to the court that they are unable to agree upon a verdict herein and the court having polled the jury in accordance with (Rule 5-611 NMRA) (Rule 6-610 NMRA) (Rule 7-610 NMRA) of the Rules of Criminal Procedure;
IT IS THEREFORE ORDERED, as follows:
1. The jury found the defendant not guilty of the charges of ______________
______________________________________________________________________
______________________________________________________________________
and it is adjudged that the defendant is not guilty of these charges.
2. A mistrial based on jury disagreement is declared as to the ____________
____________________________________ (common name of count or highest degree of offense upon which the jury could not agree).
3. The power to retry the charges upon which the mistrial is declared is reserved.
4. The jury is discharged from the further consideration of this cause.
_____________________________________
Judge
[As amended, effective October 1, 1996.]