Esteban Martinez Case Study

Facts of the Case: In this case, the defendant, Esteban Martinez, was tried in the Illinois Sixteenth Judicial Circuit Court for charges of aggravated assault and mob activity against two other men, Avery Binion and Demarco Scott. These charges were from 2006 and the original trial took place after the defendant posted bail. It was after the decision of the circuit court was made that the trial was taken to the Illinois Appellate Court, which then lead the case to be taken and reviewed by the Illinois Supreme Court and the United States Supreme Court.

Procedural History:

The original trial date was in July of 2009, but the State was granted a continuance for the purpose of finding two witnesses. Over a span of almost a year the court had

They state that although jeopardy is usually attached when the jury is sworn there are precedents that state that rigid, mechanical rules should not decide when jeopardy attaches. Instead, they believe that double jeopardy only applies if the defendant was subjected to the hazards of trial and possible conviction. The Supreme Court decides that Martinez was never at risk of conviction, as the State chose not to participate in trial before the jury was sworn and since Martinez was not in jeopardy, the Court’s entry of not guilty did not count as a true acquittal. This decision by the Illinois Supreme Courts leads the cases to be taken to the Supreme Court of the United States.

Separate Opinions of the Illinois Supreme Court:

Although the majority of the Illinois Supreme Court decided that Martinez was not being subjected to double jeopardy, Justice Burke from Illinois disagreed. She believes that the majority deciding that jury swearing was not significant in this case goes against the very well-established rule of double jeopardy that are found in the constitution. She goes on to argue that under the majority’s decision the State could get their way and fake a trial just by refusing to participate after the jury has been sworn.

Issue Presented in the