Can A Mistrial Happen After Verdict

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whether a mistrial can happen after a verdict

Can a mistrial happen after a verdict

A mistrial is a legal term that refers to the termination of a trial before a verdict is reached. Mistrials can be declared for a variety of reasons, including a hung jury, juror misconduct, or an error in the trial process.

In most cases, a mistrial results in the case being dismissed and the defendant being released. However, there is one exception to this rule a mistrial can be declared after a verdict has been reached.

This is known as a judgment notwithstanding the verdict (JNOV) mistrial. A JNOV mistrial is typically declared when the judge believes that the verdict was clearly erroneous or that the jury was not properly instructed on the law.

In order to declare a JNOV mistrial, the judge must have a strong reason to believe that the verdict was wrong. The judge cannot simply declare a mistrial because they disagree with the verdict.

If a JNOV mistrial is declared, the case will be retried. The defendant will not be entitled to a double jeopardy defense, meaning that they can be tried again for the same crime.

However, the prosecution will have to prove their case beyond a reasonable doubt again. This can be difficult, especially if the jury has already reached a verdict in the case.

As a result, JNOV mistrials are relatively rare. However, they do occur from time to time. If you are facing criminal charges, it is important to speak with an experienced criminal defense attorney to discuss the possibility of a JNOV mistrial.

Here are some examples of cases where a mistrial was declared after a verdict was reached

* In 2016, a jury in California found a man guilty of murder. However, the judge declared a mistrial after the jury foreman revealed that he had lied about his employment during jury selection.
* In 2017, a jury in New York found a man guilty of rape. However, the judge declared a mistrial after the defense presented evidence that the prosecution had withheld exculpatory evidence.
* In 2018, a jury in Florida found a man guilty of armed robbery. However, the judge declared a mistrial after the defense presented evidence that the prosecution had used a racial slur during jury selection.

These are just a few examples of cases where a mistrial was declared after a verdict was reached. If you have been charged with a crime, it is important to speak with an experienced criminal defense attorney to discuss the possibility of a mistrial.