From MN Bench Book - Trial Procedures & Practices for Judges
See/click on MISTRIAL
- A. Understands grounds for granting a mistrial
- B. Does the proper analysis of;
- What was the behavior that precipitated the mistrial motion?
- Who engaged in behavior that possible mistrial going to be based on?
- Who is asking for mistrial
- Who is opposed to mistrial?
- C. Does double jeopardy analysis.
- D. Understands the consequence of granting a mistrial over a defendant’s objection when defendant or defendant’s attorney did not cause the mistrial. DOUBLE JEOPARDY HAS OCCURRED AT THIS POINT AND IF A MISTRIAL IS DECLARED OVER THE OBJECTION OF THE DEFENDANT THE DEFENDANT CANNOT BE RETRIED
Note; When the defendant requests a mistrial after jeopardy has attached (if the jury has been sworn or in a court trial the first witness is sworn) The defendant can be re-tried.