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Old 10-25-2009, 02:21 PM
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What warrants a mistrial?

I am in Texas.

My husband is the defendant in a criminal case. His trial was supposed to begin this past Monday. His attorney's sister in law passed away literally hours before trial was due to begin. The trial never got started instead the Judge declared a mistrial and now a new trial date has been set for 3 months from now. I am just wondering is the death of an attorney's family member grounds for a mistrial? Would they have needed to do that anyways, couldn't it have just been reset?
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Old 10-25-2009, 02:45 PM
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Location: Somnambulist University
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Quote:
Originally Posted by mjflores78 View Post
I am just wondering is the death of an attorney's family member grounds for a mistrial?
Clearly the court (and I would agree) felt it was appropriate.

Quote:
Would they have needed to do that anyways, couldn't it have just been reset?
No. Once the jury was picked (or the trial started), the court cannot simply reset the matter. It has to be ordered a mistrial to protect the states case and prevent possible 'double jeopardy' issues.
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Old 10-25-2009, 06:46 PM
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Thanks so much for the info. It was something I was curious about
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