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	01-1969 (Site not responding. Last check: 2007-10-21)
		If, however, the prosecutor requests the mistrial, or the judge determines that the defendant's request was occasioned by prosecutorial overreaching or laxness, then this court gives stricter and more searching scrutiny to the judge's decision to grant a mistrial.
		At one end are those cases in which the basis for the mistrial is the unavailability of critical prosecution evidence or there is reason to believe that the prosecutor is using the State's superior resources to harass the defendant or to achieve a tactical advantage.
		We note that the difficulty that led to the mistrial in the case at bar was similar to the difficulty that led to the mistrial analyzed in Washington.
	www.courts.state.wi.us /html/sc/01/01-1969.htm (3832 words)

	CNN.com - Mistrial in Tyco case after juror receives 'coercive letter' - Apr 2, 2004
		But the corruption trial of ex-Tyco CEO Dennis Kozlowski ended in a mistrial after a juror thought to be holding out for acquittal received what sources called a "coercive letter" in the past 24 hours.
		Obus said he was concerned about the unfairness of the mistrial to the jury.
		"A mistrial is generally good for the defendant because he's gotten a look at the government's case, and he can defend the case better the second time around, [but] I think this case is going to the exception to the rule," said Frank Razzano, a former federal prosecutor.
	www.cnn.com /2004/LAW/04/02/tyco.trial (844 words)

	Mistrial declared in rape case against Nichols \| Breaking News \| ajc.com
		Fulton County judges declared two mistrials today in the aftermath of Friday’s killing spree at the downtown courthouse, but one of the decisions was immediately reversed.
		Superior Court Judge Constance Russell declared a mistrial in the death penalty case of Michael LeJeune, who is accused of settling a 1997 drug debt by killing a Dunwoody man and beheading him.
		But the mistrial in LeJeune’s case was aborted after the defense attorney, Brian Steel, changed his mind and said he wanted the existing jury to hear the case.
	www.ajc.com /news/content/custom/blogs/breaking/entries/2005/03/14/mistrial_declared_in_rape_case_against_nichols.html (543 words)

	Texas Judiciary Online - HTML Opinion (Site not responding. Last check: 2007-10-21)
		Essentially, we view a defendant's motion for mistrial as a deliberate election on her part to forgo her right to have her guilt or innocence determined before the first trier of fact.
		When a mistrial is declared because of improper actions of the prosecutor, however, the double jeopardy prohibition may bar a second prosecution even if the defendant has consented to the mistrial.
		In support of her claim for mistrial and a dismissal with prejudice, appellantâs counsel reminded the court of the pretrial motions in limine that both sides had filed and that had been granted by the trial court.
	www.2ndcoa.courts.state.tx.us /opinions/HTMLopinion.asp?OpinionID=15804 (5412 words)

	IN THE MATTER OF ARTHUR DAVIS, &C., APPELLANT, v. RICHARD A. BROWN, DISTRICT ATTORNEY OF QUEENS COUNTY, ET AL., ...
		Petitioner claims that his motion for a mistrial was specifically delimited a request for a mistrial with prejudice and that the court, by granting a mistrial without prejudice, granted the mistrial without his consent.
		In the absence of petitioner's unequivocal acquiescence to a mistrial without prejudice, the court lacked petitioner's consent to the discharge of the first jury and his retrial is therefore barred by the constitutional prohibition against double jeopardy (cf., Weston, supra, at 638).
		The day after petitioner initially moved for a mistrial without qualification, petitioner renewed his mistrial motion, but this time, petitioner's counsel explained, it was being pressed with prejudice because the prosecution had deliberately attempted to cause a mistrial.
	www.law.cornell.edu /nyctap/I96_0060.htm (1329 words)

	Trial Stages: Merits: Mistrial
		Thompkins, No. 02-0186, 58 MJ 43 (the touchstone of due process analysis in cases of alleged prosecutorial misconduct is the fairness of the trial, not the culpability of the prosecutor; courts should gauge the overall effect of counsel’s conduct on the trial, and not counsel’s personal blameworthiness).
		Thompkins, No. 02-0186, 58 MJ 43 (a mistrial is a drastic remedy to be used only sparingly to prevent manifest injustice; it is appropriate only whenever circumstances arise that cast substantial doubt upon the fairness or impartiality of the trial).
		Thompkins, No. 02-0186, 58 MJ 43 (in ruling on a mistrial motion, the military judge should examine the timing of the incident, the identity of the factfinder, the reasons for a mistrial, and potential alternative remedies; most importantly, the military judge should consider the desires of and the impact on the defendant).
	www.armfor.uscourts.gov /digest/2003dig/IVB11.htm (257 words)

	RollingStone.com: Mistrial : Lou Reed : Review
		It may take a few extra listens to kick in, but Mistrial, Lou Reed's eighteenth solo album in fourteen years and the follow-up to his '84 near hit New Sensations, is invigorating, aggressive pop, as enjoyable for its bright, churning surface as for its thoughtful, often pungent lyric core.
		For Reed, Mistrial isn't exactly a new chapter, and considering the unpredictability of his solo output over the years, it's unlikely to be his last page.
		Mistrial may not have the same clear immediate ring of immortality as, say, Loaded or Street Hassle, but rest assured it's all the Reed you need for right here and now.
	www.rollingstone.com /reviews/album/_/id/195338/loureed?pageid=rs.ArtistDiscography&pageregion=triple1 (787 words)

	USCA1 Opinion 02-1643
		If a mistrial is declared with the defendant's consent, she is deemed to have waived any double jeopardy claim she might otherwise have.
		Although he specifically found that there was no manifest necessity for judicial declaration of a mistrial, the judge told the defendants that he would grant their requests for a mistrial so long as they understood that they were waiving any double jeopardy claim.
		By giving the defendants this mistrial option, the judge gave the defendants more latitude than was strictly necessary in determining the course of their trial.
	www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=02-1643.01A (4277 words)

	Ex parte Bauder
		We also noted that trial conditions must be extreme before a mistrial is warranted under Texas law; therefore, a prosecutor will not be accountable, and a subsequent prosecution not barred by jeopardy, when the trial judge need not have granted the defendant’s motion.
		That court opined that a trial judge is "required" to grant a mistrial if the trial judge would have abused his discretion in denying the mistrial motion.
		As in the case where a mistrial is granted on the defendant’s motion, a finding of insufficient evidence by an appellate court is a resolution of the proceeding ostensibly for the benefit of the defendant.
	cl.bna.com /cl/19980624/7997.htm (2879 words)

	Michigan Appellate Digest - 215576 People v McGee (Site not responding. Last check: 2007-10-21)
		A trial court should refrain from declaring a mistrial unless a scrupulous exercise of judicial discretion leads to the conclusion that the ends of public justice would not be served by a continuation of the proceedings.
		In this case, the initial declaration of a mistrial was improper, and thus the trial court did not abuse its discretion in rescinding the declaration of mistrial.
		In this case, the defendant did not consent to the declaration of a mistrial, and thus retrial is precluded unless the mistrial was compelled by manifest necessity.
	courtofappeals.mijud.net /Digest/newHTML/21557621.htm (1375 words)

	OCAP MISTRIAL !! : IMC Maritimes
		The move capped a weekend of drama marked by the rushing of a juror to hospital, and a letter to the judge from the jurors saying they were divided, at an impasse, frustrated, exhausted and extremely emotionally upset.
		TORONTO - A mistrial was declared yesterday in the trial of three anti-poverty activists charged after a violent protest at the Ontario legislature, when the jury indicated it was deadlocked and one juror was taken to hospital.
		Superior Court Justice Lee Ferrier granted a mistrial after only eight of the 11 remaining jurors said they believed it was worthwhile to deliberate for a fifth day, at the conclusion of a two-month trial.
	maritimes.indymedia.org /mail.php?id=5645 (3811 words)

	Tyco Judge Refuses Mistrial
		Earlier, New York State Supreme Court Justice Michael Obus refused to declare a mistrial in the proceedings, after talking to a female juror who appears to be the lone holdout for an acquittal in the 6-month-old proceeding.
		A mistrial would be a blow to prosecutors working for Manhattan District Attorney Robert Morgenthau, who have accused the former Tyco executives of looting the company of $600 million.
		It would be the second mistrial that prosecutors in New York have suffered in the past year in a high-profile corporate corruption case.
	www.thestreet.com /_tscbrk/markets/marketfeatures/10151128.html (436 words)

	Oregon Judicial Department - Publications
		He assigns error to: (1) the trial court's failure to grant a mistrial based on improper "vouching" by the prosecutor in her rebuttal closing argument; and (2) the court's denial of his motions for a new trial or to interview jurors based on allegations that jurors had discussed extra-record information during their deliberations.
		On appeal, defendant contends that the trial court erred in denying: (1) a mistrial based on the prosecutor's "vouching" in closing argument; (2) leave to contact jurors regarding the alleged misconduct; and (3) a new trial based on that alleged juror misconduct.
		Finally, in Simonsen, the defendant assigned error to the trial court's failure to declare a mistrial sua sponte based on the prosecutor's statements in closing argument, including that "the jurors' duty was to sentence [the] defendant to death." 329 Or at 300.
	www.publications.ojd.state.or.us /A105204.htm (4547 words)

	FindLaw: U.S. Constitution: Fifth Amendment: Annotations pg. 3 of 16
		A mistrial may be the result of ''manifest necessity,'' 72 such as where, for example, the jury cannot reach a verdict 73 or circumstances plainly prevent the continuation of the trial.
		Granting that in a strict, literal sense, mistrial was not ''necessary'' because the trial judge could have given limiting instructions to the jury, the Court held that the highest degree of respect should be given to the trial judge's evaluation of the likelihood of the impairment of the impartiality of one or more jurors.
		Holding that the defendant could be retried after he chose a mistrial, the Court reasoned that, while the exclusion might have been in error, it was not done in bad faith to goad the defendant into requesting a mistrial or to prejudice his prospects for acquittal.
	caselaw.lp.findlaw.com /data/constitution/amendment05/03.html (1753 words)

	USATODAY.com - Media want to see Tyco mistrial documents (Site not responding. Last check: 2007-10-21)
		Obus ordered the mistrial after an apparent holdout juror received a threatening letter — the contents of which could be made public under the motion filed by the news agencies.
		All transcripts relating to the mistrial should be made public, the media groups said, because the "trial is over and the jury dismissed." Lawyers representing the media are expected to make oral arguments to the court later this week.
		The mistrial ended the high-profile trial of Dennis Kozlowski, Tyco's former chairman, and Mark Swartz, its ex-finance chief, who were accused of looting the conglomerate of $600 million in one of the biggest corporate corruption cases in U.S. history.
	www.usatoday.com /money/media/2004-04-05-tyco-media_x.htm (399 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code (Site not responding. Last check: 2007-10-21)
		Where a defendant in a criminal trial successfully moves for a mistrial, he may invoke the bar of double jeopardy in a second effort to try him only if the conduct giving rise to the successful motion for a mistrial was prosecutorial or judicial conduct intended to provoke the defendant into moving for a mistrial.
		Jorn, 400 U.S. However, retrial is barred where the error that prompted the mistrial is intended to provoke a mistrial or is `motivated by bad faith or undertaken to harass or prejudice' the defendant.
		The rationale for the exception to the general rule permitting retrial after a mistrial declared with the defendant's consent is illustrated by the situation in which the prosecutor commits prejudicial error with the intent to provoke a mistrial.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=us&vol=456&invol=667 (8446 words)

	When Can a Judge Declare a Mistrial? - Whenever jurors drink beer with lunch. By Jill Hunter Pellettieri
		There is a plethora of circumstances that could warrant a mistrial, including procedural error; misconduct; the illness or injury of a lawyer, judge, or juror that prevents him or her from continuing; or an unexpected event, such as an outburst in the courtroom, that might unfairly influence the jury.
		Mistrials can occur for more idiosyncratic reasons as well: A West Virginia judge recently declared one because a juror drank beer during the lunch break.
		This clause, which is simply worded yet extremely complicated when applied, can preclude the state from retrying a defendant when a judge has declared a mistrial for reasons that do not rise to the level of "manifest necessity" and the defendant did not request or consent to the mistrial.
	www.slate.com /id/2098069 (656 words)

	ABC News: Courthouse Suspect's Rape Case a Mistrial (Site not responding. Last check: 2007-10-21)
		Fulton County deputy Sgt. Vincent Owens, center, is comforted by fellow deputies Craig Johnson, left, and Michael Carmack, as he pays his respects during a memorial service for slain courthouse workers in a courtroom at the Fulton County Justice Center in Atlanta Monday, March 14, 2005.
		ATLANTA Mar 14, 2005 — Prosecutors on Monday dropped a weapons charge against a man accused of opening fire in an Atlanta courthouse, and a mistrial was declared in the suspect's rape case as officials continued sorting out charges in the slayings of a judge and three others.
		That case was declared a mistrial Monday at the request of Nichols' attorney, Friedly said.
	abcnews.go.com /US/wireStory?id=581072&CMP=OTC-RSSFeeds0312 (476 words)

	Judge declares mistrial in Tyco corruption case - Apr. 2, 2004
		The source said that the judge met with the juror and the attorneys from both sides in his chambers Friday morning to discuss the letter and decided that a mistrial had to be granted.
		It is at least the second time this week that the judge met with the juror, who became the subject of intense media coverage after she appeared to flash an "ok" sign to the defense table last Friday.
		Still, the mistrial is good news for the defendants, said David Berg, an attorney and author, given that the jury was apparently 11-to-1 for conviction.
	money.cnn.com /2004/04/02/news/midcaps/tyco_outcome (798 words)

	Boston.com / Business / Mistrial declared in Quattrone trial (Site not responding. Last check: 2007-10-21)
		A federal judge declared a mistrial Friday in the obstruction of justice trial of Frank Quattrone, one of the nation's leading technology bankers during the Internet stock craze.
		NEW YORK -- A federal judge declared a mistrial Friday in the obstruction of justice trial of Frank Quattrone, one of the nation's leading technology bankers during the Internet stock craze.
		The mistrial sets the stage for a possible second trial.
	www.boston.com /business/articles/2003/10/24/mistrial_declared_in_quattrone_trial (892 words)

	COURTTV.COM - TRIALS - Seeking mistrial, Peterson seizes on previous accusations against detective
		To bolster motions for a mistrial and dismissal of all charges, Peterson's defense cited Modesto police detective Allen Brocchini's conduct in a 1998 robbery trial.
		A judge declared a mistrial in that Stanislaus County case because Brocchini, the lead detective, made two prejudicial comments while testifying against three alleged gang members, including Richard Richardson, accused of storming into a neighbor's home and stealing money, food stamps and other items.
		The judge granted a mistrial, and the defendants asked him to go a step further and bar the prosecution from retrying them because, they said, the detective had purposefully sandbagged his case because he knew he was losing.
	www.courttv.com /trials/peterson/071404-pm_ctv.html (858 words)

	Macomb Daily : Mistrial in child abuse case 03/10/05
		A man allegedly caught on videotape striking two small children he was baby-sitting last fall will remain jailed awaiting a second trial on felony child abuse charges, after the jury in his case was unable to reach a verdict and the judge declared a mistrial Wednesday.
		Macomb County Circuit Judge James M. Biernat declared a mistrial because of a hung jury and Riker returns for a second trial April 24.
		In at least one of the two charges, he said, the vote was 11-1 in favor of a conviction and the problem was proving that the children had suffered serious mental harm as the charge requires.
	www.macombdaily.com /stories/031005/loc_mistrial001.shtml (814 words)

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