Can a case that has been issued a mistrial be retried if a jury member has been excused because of predjudice while the trial is going on?
Asked on 4/02/12, 3:43 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
Yes. The only time that a case cannot be retried is (presuming the state is seeking further prosecution), the defense files an application for writ of habeas corpus. If it is granted by the trial court, the State will have to appeal to proceed. If it is denied by the State court, then the defense must appeal to stay the proceedings. It is only stopped because of a "fault" in the prosecution (and juror misbehavior is not the prosecution's fault.)
Answered on 4/02/12, 5:18 pm
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