Mistrial

Name: Carrillo v. Superior Court of Los Angeles
Case #: B191701
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 12/21/2006
  • Categories: Areas Constitutional Law, Double Jeopardy, Mistrial, Trial Proceedings

Where no legal necessity exists for the court's sua sponte declaration of a mistrial, double jeopardy attaches so as to bar retrial. Once a defendant is placed on trial in a court of competent jurisdiction, on a valid accusatory pleading,…

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Name: People v. Smith
Case #: A106685
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/14/2005
  • Categories: Mistrial, Trial Proceedings, Waiver of Jury Trial

Following a mistrial, appellant was convicted in a court retrial of multiple offenses against his former spouse. On appeal, he argued that the trial court violated his right to a jury trial by failing to obtain a second in-court waiver…

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Name: U.S. v. Bonas
Case #: 02-50631
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/17/2003
Subsequent History: None
  • Categories: Mistrial, Trial Proceedings

After a jury had been empaneled, the court discovered there had been no inquiry by the clerk's office regarding financial hardship, and after unsuccessfully attempting to find ways of paying the four jurors who were not compensated by their employers,…

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Name: Evans v. Superior Court
Case #: D041204
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 07/30/2003
Subsequent History: Rehrg. denied 8/28/03
  • Categories: Areas Constitutional Law, Double Jeopardy, Mistrial, Trial Proceedings

During Evans' trial for robbery, the trial court became aware that a juror had failed to fully disclose her potential bias against the prosecution. Over the objections of both parties, the trial court dismissed the juror after concluding that she…

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Name: People v. Ayala
Case #: S013188
Court: CA Supreme Court
District CalSup
Opinion Date: 08/28/2000
Subsequent History: Modification of opinion, 24 Cal.4th 467b; rehearing denied 11/15/00
  • Categories: Areas Constitutional Law, Challenges for Cause, Challenges to Panel, Equal Protection, Evidence, Expert Witness, Jury Peremp/Wheeler, Mistrial, Prior Convictions/Impeach, Procedure/Evidence, Scientific Evidence, Search & Seizure, Trial Proceedings

The California Supreme Court agreed with the decisions of most jurisdictions that ex parte proceedings following a motion regarding peremptory challenges to the jury made on the basis of improper group bias are poor procedure and should not be conducted…

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Name: People v. Castro
Case #: E026619
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 03/28/2001
Subsequent History: Modif. of opn. on den. of rehg. 88 Cal.App.4th 875a; Rev. grtd 7/11/01 as S097172
  • Categories: Areas Constitutional Law, Credits, Cruel and Unusual Punishment, Double Jeopardy, Mistrial, Sentencing, Trial Proceedings

Where a mistrial is declared because of "legal necessity," the double jeopardy clauses of the state and federal Constitutions do not bar a second trial for the same offense. Therefore, where the public defender declared a conflict on the eve…

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