SCOTUS Announces Judge’s Error of Law Constitutes ‘Mistake’ for Purposes of Reopening a Case Under Federal Rule of Civil Procedure 60(b)(1) by Dale Chappell by Dale Chappell In a ruling that will likely change how petitioners in federal habeas corpus cases challenge “mistakes” in their cases, the Supreme Court of …

Mistrial Declared in Case Against Miami Beach Police Tech Accused of Mishandling Evidence by In a strange twist of events, a mistrial was declared on September 8, 2021, in the case against Jason Bruder, a technician with the Miami Beach Police Department (MBPD) accused of mishandling evidence and then falsifying …

Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial by Matthew Clarke by Matt Clarke The Supreme Court of Mississippi held that a conviction for attempted burglary of a dwelling with the intent to commit larceny was invalid and retrial …

When a Hung Jury Is Enough by Jayson Hawkins by Jayson Hawkins The rules for jury trials vary a great deal from state to state, but one rule that is almost universal is the requirement that the jury’s decision be unanimous. This rule is “almost” universal because two states, Louisiana …

First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit ruled that the Government is barred …

New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts by Dale Chappell by Dale Chappell The Supreme Court of New Jersey reaffirmed its rule that when a juror is excused after the jury has reached a verdict on some of the counts, but not others, …