In a matter of first impression, the New Mexico Supreme Court has ruled that judicial—and not simply prosecutorial—misconduct can bar retrial under the double jeopardy clause.

In State of New Mexico v. Hildreth, the court upheld the appellate court’s reversal of a defendant’s criminal conviction but found the lower court misapplied the so-called “Breit test” in relation to the trial judge’s conduct during a jury trial.