Courts nationwide have been forced to declare mistrials because of jurors using the Internet and cell phones during trials and jury deliberations.
(21) John Schwartz, As Jurors Turn to Google and Twitter, Mistrials are Popping Up, N.Y.TIMES, Mar.
Fumo, demanded just before the verdict that the judge declare a mistrial
because a juror posted updates on the case on Twitter and Facebook.
Murphy, a prosecutor for 32 years, has never had a case end in a mistrial because of a hung jury.
While a mistrial because of a hung jury may raise concerns about the cost of a retrial and the added burden it would place on judicial resources, District Attorney Joseph D.
Sliwa sat in the courtroom, looking disappointed, as the mistrial
According to conventional wisdom, mistrials are defeats for the government, particularly in high-profile prosecutions.
Thus we turn to the question of how many and which of the government's cases ended in mistrials and what the mistrials signify.
Kennedy is likewise inapposite because it addresses mistrials related to prosecutorial misconduct rather than reversals.
United States, the Supreme Court unanimously held that categorical distinctions between appellate reversals and mistrials in the context of double jeopardy law situations are not tenable.
The Supreme Court of the United States affirmed the judgment of the Supreme Court of Arkansas, holding that there was no finality in the jury verdict, the mistrial was properly declared, and the Double Jeopardy Clause did not bar a second trial on the same offense.
While the Double Jeopardy Clause offers broad protection, it does not protect a defendant from the same charges being brought again after an appropriate declaration of a mistrial. (51) A retrial after an appropriate declaration of a mistrial does not offend the principle of double jeopardy because there is no conviction or acquittal.