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A motion for a mistrial is a declaration of the trial court to terminate the trial and to start over with a new jury since considering to avoid great injustice.

E.G. If a juror were caught fraternizing with one of the lawyers in the case.

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13y ago

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Can someone be retried for murder in the state of Texas after a mistrial was declared?

Yes, a mistrial does not mean he was found not guilty.


Does the defendant stay in jail after a mistrial or hung jury?

Maybe. If there is a hung jury, the prosecution must decide whether or not to have another trial. If they decline to re-try the case, the defendant would be released. If they decide to have another trial, the defendant would remain in custody to await the new trial, if he/she was in custody for the first trial. Often, after a mistrial, the defense will make a motion or renew a motion for bond or for reduction of bond.


What form do you use to file a mistrial brief in California?

The form that is used in the state of California to file for a mistrial brief is the manifest necessity. The most common cause for a mistrial is a hung jury.


Can a lawyer force a defendant to declare a mistrial?

Defendant's do not declare Mistrial. A mistrial is when there is a error in the court proceedings and therefor must start over with a new juror, etc. Judges declare Mistrials.


What is the difference between a mistrial and a request for a new trial?

A mistrial occurs before the end of the trial, usually caused by improper responses from a witness, improper questions from an attorney or some statement or action in the presence of the jury that prejudices the jury. A mistrial also occurs if the jury is unable to reach a verdict. If a judge declares a mistrial then the trial is finished. A new trial with a new jury usually follows at a later date. A motion for a new trial may be filed by a defense attorney after a defendant has been found guilty at the completion of the original trial. The motion for a new trial is usually based on a defense attorney's perception of an error committed by the judge in the original trial.


What if there is a mistrial in the Casey Anthony trial?

There was no mistrial. The trial of Casey Anthony was completed and the jury delivered their verdict on July 5, 2011.


What does motion mean in a debate?

what does the word motion mean


Can you have more thae 1 mistrial?

Yes.


Does the state prosecutor have to get new jurors after a mistrial has been declared?

If a mistrial has been declared, a new jury is seated if the prosecutor brings the case again.


Does kinetic energy mean in motion?

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Can you use the same evidence in a retrial after a mistrial has been declared?

Yes, in a retrial after a mistrial has been declared, the same evidence can typically be used again. However, it is important to note that the circumstances of the mistrial and any legal rulings may impact the admissibility of evidence in the retrial.


What happens when there is a split decision within a jury?

there is a mistrial