Court: Retrial resulted in a double jeopardy violation

The Arizona Supreme Court determined that the retrial of convicted murderer Philip John Martin violated the Double Jeopardy Clause of the Fifth Amendment, in an opinion issued Friday.

The law of double jeopardy states a person cannot be tried for the same offense twice.

Martin was tried for first-degree murder in 2013 for the killing of his neighbor, but the jury was “unable to agree” on that charge and instead convicted him of the lesser offense of second-degree murder, court records said. He was sentenced to 16 years in prison.

Martin then appealed to the Arizona Court of Appeals for a retrial, but before the second trial, the trial court granted the state’s motion to retry Martin for first-degree murder once again, which Martin claimed violated the Double Jeopardy Clause, the records said.

The second trial resulted in his conviction of first-degree murder, and his sentencing was changed to natural life in prison.

Martin was convicted for fatally shooting his neighbor with a shotgun in 2012 as the neighbor approached his house to speak with him. Martin admitted shooting the victim but claimed he did so because he feared for his own safety, claiming he saw a bulge on the victim’s side that he thought was a gun, the records said.

He also claimed that he told the victim repeatedly to leave the property, but he kept advancing toward the house.

The court records said the state granted a review of Martin’s case because “whether double jeopardy prevents a retrial on the greater offense in these circumstances presents a recurring question of statewide importance.”

The state argued since there was no conviction on first-degree murder in the first trial, it did not pertain to the double jeopardy clause; however, the defendant believed the jury still had the opportunity to convict him of first-degree murder and its inability to decide did not grant the court’s permission to attempt at convicting him with first-degree murder an additional time.

Over the course of reviewing Martin’s case and using previous double jeopardy rulings, the court stated that the jury had the “full and complete” opportunity to prove its case for first-degree murder, and jeopardy stopped that crime from following the jury’s guilty verdict for second-degree murder.

The Arizona Supreme Court concluded that trying Martin a second time for first-degree murder violated his constitutional right to be free from double jeopardy, the records stated.