September 17, 2009, 14:02
ssjmistrial during punishment-urgent
If a mistrial occurs once the punishment case has started, is the mistrial only as to punishment or to guilt as well? Art 37.07 says that if the jury hangs on punishment, then the mistrial only applies to punishment. Would this be the same?
September 17, 2009, 14:24
KSchaeferWhat is the reason for the declaration of a "mistrial"?
September 17, 2009, 19:21
GGquote:
Originally posted by KSchaefer:
What is the reason for the declaration of a "mistrial"?
That is, indeed, a key question.
September 17, 2009, 20:06
Martin PetersonIn general, I would think the defendant is entitled to have the guilt jury decide his punishment (with the exception of the unanimous verdict requirement). So, if the State does something to create the need for a mistrial, it will have to start all over, with the possibility that the prosecution just becomes barred if the State's error is deemed intentional. If it is something beyond anyone's control, then result may be different.
September 17, 2009, 21:01
JohnRWell, 37.07 allows for a mistrial on punishment only now where you have a hung jury, and the TRAP rules allow a new trial on punishment only. Isn't this some authority for the proposition of a declared mistrial on punishment only?