What is the test for a judge to declare a mistrial in a case of mistaken identity?

"New York", United States of America

The following excerpt is from Ferlito v. Judges of County Court, Suffolk County, 292 N.E.2d 779, 31 N.Y.2d 416, 340 N.Y.S.2d 635 (N.Y. 1972):

The Judge's subjective appraisal of some remote possibility of bias was completely without the ambit of the well-established rule that 'manifest necessity' must be shown in justification of a mistrial in circumstances such as these (United States v. Perez, 9 Wheat. (22 U.S.) 579, 580, 6 L.Ed. 165; Matter of Nolan v. Court of [292 N.E.2d 781] Gen. Sessions, 11 N.Y.2d 114, 118, 227 N.Y.S.2d 1, 3, 181 N.E.2d 751, 752). So radical an action requires a 'scrupulous exercise of judicial discretion', after consideration of the 'vital competing interests' of the prosecution and the accused (United States v. Jorn, 400 U.S. 470, 485, 486, 91 S.Ct. 547, 27 L.Ed.2d 543). 'Yet, in the final analysis, the judge must always temper the decision whether or not to abort the trial by considering the importance to the defendant of being able, once and for all, to conclude his confrontation with society through the verdict of a tribunal he might believe to be favorably disposed to his fate' (Id., p. 486, 91 S.Ct. p. 558).

Other Questions


Can a judge appeal an adverse decision from the District Court of Appeal assigned to the same district judge as he had previously ruled against the same judge? (MultiRegion, United States of America)
What is the test for a retrial in a case where a judge declared a mistrial? (MultiRegion, United States of America)
Can a magistrate judge declare a mistrial in a trial where there is no unanimity? (MultiRegion, United States of America)
What is the test for a judge to declare a mistrial? (MultiRegion, United States of America)
In what circumstances will the trial judge be able to sever certain defendants and declare a mistrial after these outbursts? (MultiRegion, United States of America)
Does a judge have jurisdiction to dismiss a judgment of a state administrative law judge? (MultiRegion, United States of America)
Can a judge remand the case to a different judge for sentencing? (MultiRegion, United States of America)
What is the test for a motion to disqualify or recuse a judge based on financial interests of the judge's spouse? (MultiRegion, United States of America)
What is the test for declaring a mistrial when the jury is deadlocked? (MultiRegion, United States of America)
When will a trial judge have an advantage over an appellate judge when it comes to assessing the credibility of witnesses? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.