Mistrial

Name: People v. Hem
Case #: C086016
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/11/2019
  • Categories: Jury Deliberations, Mistrial, Trial Proceedings

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
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/14/2016
  • Categories: Mistrial, Trial Proceedings

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
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 01/11/2016
  • Categories: Mistrial, Motions Dismiss/Strike, Pretrial Motions, Trial Proceedings

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
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/15/2015
  • Categories: By Prosecutor, Defenses, Former jeopardy, Misconduct, Mistrial, Trial Proceedings

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
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/17/2015
Subsequent History: Review granted 1/13/2016 (S230259)
  • Categories: Areas Constitutional Law, Closing Argument, Equal Protection, Mistrial, Opening Statements, Trial Proceedings

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
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/13/2014
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Mistrial, Presentation of Evidence, Trial Proceedings

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
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/17/2013
  • Categories: Areas Constitutional Law, Double Jeopardy, Ineff. Assist. Counsel (IAC), Mistrial, Right to Counsel, Trial Proceedings, Verdict

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
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/13/2013
  • Categories: Areas Constitutional Law, Double Jeopardy, Due Process, Mistrial, Trial Proceedings

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
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/22/2012
  • Categories: Areas Constitutional Law, Double Jeopardy, Mistrial, Trial Proceedings

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
Court: CA Court of Appeal
District 4 DCA
Division: 3
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

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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