Mistrial

Most Common Reasons for a Mistrial in California

The most common causes of a mistrial in California include a hung jury (an inability to reach a unanimous verdict) and serious misconduct or errors that hinder a fair trial, such as attorney or juror misconduct or the introduction of highly prejudicial evidence.

Common causes of mistrials in California are hung juries and severe misconduct or error.

In California criminal cases, procedural rules and constitutional rights are critical. As a defendant, you have a constitutional right to a fair trial.

However, certain events or legal errors can compromise the fairness of the proceedings, potentially leading a judge to declare a mistrial.

A mistrial is a trial that is terminated before a verdict is reached, rendering it invalid. A judge may order a mistrial when an error is so prejudicial that a fair trial becomes impossible, or when a jury cannot reach a unanimous decision.

While a mistrial halts the current proceedings, it does not mean the charges are dismissed or that you are acquitted. Judges only grant mistrials for significant errors that jury instructions cannot correct.

Key Takeaways

• A mistrial ends a trial before a verdict is reached and often leads to a new trial being scheduled.
• In California, a key reason for declaring a mistrial is when a jury is hopelessly deadlocked and cannot reach a unanimous verdict after extensive deliberations; in such cases, a judge must declare a mistrial due to "legal necessity."
• Juror misconduct frequently results in mistrials and can include various actions, such as talking about the case with outside parties like family, friends, or the media.
• Juror misconduct also includes performing independent research or investigation into the case, as well as hiding information during jury selection that suggests bias.
• Inappropriate conduct by a lawyer (such as making biased comments or introducing inadmissible evidence during opening or closing statements) or a judge can result in a mistrial if the prejudice cannot be remedied through jury instructions.
• If the jury is presented with highly damaging evidence that was previously deemed inadmissible, and the judge believes it cannot be ignored, a mistrial may be declared to protect the defendant's right to a fair trial.
• Fundamental legal errors or improprieties that undermine the fairness of the trial, such as problems during jury selection, may require declaring a mistrial.
• Contrary to common belief, a second trial after a mistrial is seldom barred by "Double Jeopardy." Typically, cases are scheduled for a new trial with a new jury pool.
• A hung jury, particularly one inclined toward acquittal, often compels the DA to present a substantially improved plea deal.
• A dismissal takes place only if the DA believes winning a second trial is impossible or if the mistrial resulted from bad-faith prosecutorial misconduct.

Below are five of the most common reasons for a mistrial in California and an explanation of what follows such a declaration.

Deadlocked ("Hung") Jury

The most common reason for a mistrial is a hung jury. In California criminal cases, the jury's verdict must be unanimous, meaning all twelve jurors must agree on the defendant's guilt or innocence.

If jurors cannot reach a consensus after extensive deliberation, they are considered deadlocked. When the judge concludes that further deliberation will not resolve the impasse, a mistrial is declared.

Prosecutorial Misconduct

Strict ethical and legal standards bind prosecutors. If a prosecutor violates these rules in a way that deprives the defendant of a fair trial, a mistrial may be declared.

Examples of prosecutorial misconduct include referring to evidence that was ruled inadmissible, making inflammatory statements to the jury, suppressing evidence favorable to the defense (Brady violations), or making improper comments about the defendant's decision not to testify.

Juror Misconduct

Jurors must adhere to specific rules to ensure impartiality. If a juror violates these instructions, it can compromise the integrity of the verdict. Common forms of juror misconduct include:

• Conducting independent research about the case or the defendant online.
• Discussing the case with non-jurors or on social media.
• Visiting the crime scene without authorization.
• Concealing bias or relevant personal history during jury selection (voir dire).

If the misconduct is discovered during the trial, the judge may remove the problematic juror and replace them with an alternate. However, if the misconduct has tainted the entire panel, a mistrial becomes necessary.

Improper Admission of Evidence

Before a trial begins, attorneys often argue motions regarding what evidence can be shown to the jury.

If a witness or attorney accidentally or intentionally reveals evidence that the judge has explicitly excluded, it can create grounds for a mistrial.

For instance, if a witness blurts out information about a defendant's prior criminal record when that information was ruled inadmissible, the prejudice might be too great to be fixed by simply telling the jury to disregard the statement.

Fundamental Procedural Errors

Procedural errors outside the control of attorneys or the jury can also compromise a defendant's rights. This includes the sudden death or serious illness of a judge, attorney, or critical witness.

If the trial cannot proceed and a fair substitution is impossible, the proceedings must be halted.

Similarly, if a defense attorney is found to be grossly incompetent or becomes unavailable due to an emergency, a mistrial is declared to protect the defendant's right to competent counsel.

What Happens After a Mistrial?

A mistrial is not an acquittal. It does not mean you have won the case, nor does it mean you are free from future prosecution. Instead, it returns the case to the pretrial stage.

Once a mistrial is declared, the prosecution has three primary options:

• Retrial: The prosecution typically may restart the case with a new jury. This is common following a hung jury or procedural errors.
• Plea Bargain: After evaluating the case's strength-particularly following a hung the prosecution may offer a more favorable plea deal to resolve the matter and avoid the costs and risks of a second trial.
• Dismissal of Charges: The prosecution may dismiss the charges if a conviction seems unlikely in a subsequent trial, often due to unavailable witnesses or a previous jury leaning heavily toward acquittal.

The Defense Attorney's Role in Pursuing a Mistrial

A skilled California criminal defense attorney plays a proactive role in identifying grounds for a mistrial. They do not passively wait for the judge to notice errors. Instead, they actively monitor the proceedings for any violation of your rights.

If your attorney believes a mistrial is necessary, they will take specific steps:

• Object Immediately: Defense counsel must object to improper evidence or misconduct the moment it happens to preserve the record.
• Request a Cure: Initially, they may ask the judge to strike the testimony or instruct the jury to disregard it. If the error is too severe to handle with a simple instruction, they proceed to the next step.
• Move for a Mistrial: The attorney will formally make a motion for a mistrial, arguing that the error has caused incurable prejudice.
• Poll the Jury: In the event of a potential hung jury, the attorney may request that the judge poll the jurors individually to confirm that further deliberation is useless.

In summary, the criminal defense law firm of Eisner Gorin LLP can represent you if you are under investigation or charged with a crime. Contact us for more information or a case evaluation.