Mistrial Archives

Categories: Jury Deliberations, Mistrial, Trial Proceedings

Summary

After receiving information of potential jury misconduct during deliberations, the trial court was required to inquire of the jurors to determine the scope of the misconduct. Hem was charged with first degree murder after shooting his brother. It was undisputed…

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Name: Turner v. McEwen

Case #: 13-56385

Opinion Date: 04/14/2016

Categories: Mistrial, Trial Proceedings

Summary

No clearly established federal law holds that juror misconduct occurs when jurors observe a private actor's courtroom conduct during a witness' testimony. Turner was convicted in California of attempted carjacking (Pen. Code, §§ 664/ 215, subd. (a)) and gun use…

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Name: People v. Verducci

Case #: A140040

Opinion Date: 01/11/2016

Categories: Mistrial, Motions Dismiss/Strike, Pretrial Motions, Trial Proceedings

Summary

Trial court did not abuse its discretion by denying a motion to dismiss (Pen. Code, § 1385) made prior to retrial after three previous hung juries. Verducci was charged with murder and various enhancements. The first jury deadlocked 8 to…

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Name: People v. Bell

Case #: F064909

Opinion Date: 10/15/2015

Categories: By Prosecutor, Defenses, Former jeopardy, Misconduct, Mistrial, Trial Proceedings

Summary

Plea of former jeopardy based on prosecutorial goading must be tried to a jury unless the facts are uncontested and there is only one reasonable inference to draw from them. A group of gang members robbed a casino using assault…

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Name: People v. Reese

Case #: B253610

Opinion Date: 09/17/2015

Categories: Areas Constitutional Law, Closing Argument, Equal Protection, Mistrial, Opening Statements, Trial Proceedings

Summary

The trial court did not violate defendant's right to equal protection when it denied his request for transcripts of the opening statements and closing arguments presented during his first trial, which ended in a hung jury. Reese was charged with…

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Name: People v. Murillo

Case #: B246522

Opinion Date: 11/13/2014

Categories: Areas Constitutional Law, Confront/Cross-exam, Mistrial, Presentation of Evidence, Trial Proceedings

Summary

Trial court should have granted a mistrial where prosecution asked over 100 leading questions of a witness who refused to testify. During Murillo's trial for first degree murder, the prosecution called Valencia, an eyewitness who had identified Murillo as the…

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Name: People v. Sullivan

Case #: B237734

Opinion Date: 06/17/2013

Categories: Areas Constitutional Law, Double Jeopardy, Ineff. Assist. Counsel (IAC), Mistrial, Right to Counsel, Trial Proceedings, Verdict

Summary

Double jeopardy bars a retrial on a substantive offense when jurors reached a verdict on the substantive offense but deadlocked as to an enhancement. Sullivan was charged with robbery and assault likely to produce great bodily injury (GBI). It was…

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Name: People v. Whitaker

Case #: C064531

Opinion Date: 02/13/2013

Categories: Areas Constitutional Law, Double Jeopardy, Due Process, Mistrial, Trial Proceedings

Summary

Defendants did not suffer double jeopardy or due process violations where charges were refiled after initial dismissal prior to jury being sworn. Whitaker and two codefendants were charged with attempted murder and other offenses. After the first jury was selected,…

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Name: Stanley v. Superior Court (Los Angeles County)

Case #: B238486

Opinion Date: 05/22/2012

Categories: Areas Constitutional Law, Double Jeopardy, Mistrial, Trial Proceedings

Summary

Words and actions of counsel which lead the trial court to believe that defense counsel impliedly consents to a mistrial will defeat a subsequent motion for dismissal based on double jeopardy. After a jury with four alternates was sworn, there…

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Name: People v. Tran

Case #: G036560

Opinion Date: 08/31/2009

Categories: By Jurors, Constitutional Rights, Double Punishment (PC 654), Evidence, Limitations on, Misconduct, Mistrial, Motion for New Trial, Prior Convictions/Impeach, Sentencing, Trial Errors, Trial Proceedings

Summary

The trial court did not err in admitting evidence of appellant's prior conviction for extortion. Tran raised six issues in the appeal from his convictions for murder, attempted murder, and street terrorism. First, Tran argued that the court should have…

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