In what circumstances will a court declare a mistrial?

California, United States of America


The following excerpt is from People v. Fierro, F075500, F076720 (Cal. App. 2019):

Third, in People v. Smith (1970) 13 Cal.App.3d 897, the trial court declared a mistrial after only speaking with the jury foreperson and without polling the individual jurors. (Id. at p. 910.) However, the jury was in open court when the foreperson indicated that the jury was deadlocked. When asked if the jury wished to deliberate further, the foreperson replied in the negative. The court declared a mistrial and excused the jury. The appellate court concluded "there was adequate compliance with the requirement that the trial judge probe the rigidity of the deadlock before discharging the jury." (Id. at p. 911.)

Other Questions


In what circumstances will a court consider whether there is manifest necessity to declare a mistrial on the grounds that evidence has been improperly seized? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
How have the courts treated a husband's out of court declaration to prove his wife's state of mind? (California, United States of America)
How have courts dealt with the situation where the verdict form signed by the jury is different in some respect from the verdict as declared and acknowledged in open court? (California, United States of America)
In what circumstances have courts reversed a judgment entered in a criminal case following a court trial? (California, United States of America)
Can a federal court declare a mistrial and order a defendant retried? (California, United States of America)
In what circumstances will the court overturn a torture-murder special-circumstance finding? (California, United States of America)
In what circumstances will the Court consider whether there is sufficient evidence to support a motion to dismiss an application for relief from the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.