• treefrog
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    9 months ago

    He can appeal based on these grounds.

    Rather or not he wins would depend on how reasonable it was for the judge to declare the first mistrial.

    Anyway, a mistrial does not apply to the fifth amendment. It’s not double jeopardy if the first trial is declared void.

    In other words, a mistrial is not a trial. It’s a dud and everyone is allowed to start again.