Martinez v. Illinois (2013)
- Docket
- 13-5967
- Decided
- 2013-01-01
Summary
Question: Does jeopardy attach when the jury is empaneled and sworn if the State does not participate in the trial? Conclusion: Yes. In a per curiam opinion, the Supreme Court held that jeopardy attaches when the jury is empaneled and sworn. The Court indicated that the form of the judge's action, whether termed a dismissal or otherwise, does not matter so long as it actually represents a resolution of some or all of the factual elements of the offense. Therefore, an acquittal covers any ruling that the State's proof is insufficient to establish criminal liability. The Court noted that jeopardy would not have attached had the State moved to dismiss before the jury was sworn in.