In what circumstances will a judge order a retrial in the case of misconduct by a prosecutor who intentionally causes a mistrial?
California, United States of America
The following excerpt is from Sons v. Superior Court, 125 Cal.App.4th 110, 22 Cal.Rptr.3d 647 (Cal. App. 2004):
Sons acknowledges there are no California cases barring retrial in the circumstances before us. He argues, however, that the same principles that prohibit retrial when the prosecutor intentionally causes a mistrial should prohibit retrial when the prosecutor intentionally procures a conviction through misconduct. (See State v. Minnitt (2002) 203 Ariz. 431, 55 P.3d 774.)
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