New Mexico v. Samuel Neal

The Double Jeopardy Clause of the Fifth Amendment provides that “No person shall. . . be subject for the same offence to be twice put in jeopardy of life or limb[.]” The question presented is: When determining whether two crimes are the same offense, should a court consider: a) Only the abstract statutory elements of the crime and other traditional indicia of legislative intent, as held by the Second, Ninth, and Eleventh Circuits; b) The elements as charged in the indictment, as held by the Sixth and Eighth Circuits as well as the Texas Court of Criminal Appeals and the Connecticut Supreme Court; or c) The evidence, argument, and jury instructions at trial, as held by the New Mexico Supreme Court?