More details to this question:
A person is charged and tried for murder 1. He is acquitted, and a mistrial occurs due to a hung jury for charges of murder 2. The defendant is freed. 6 mos later he is retried for murder 2 and convicted. I understand mistrials result in jeopardy being lifted. But the facts of case one were used in case 2. I thought re-litigation using facts the prior jury used for the same case that were decided in the defendants favor would be cause for double jeopardy.
1 ANSWER
New York State Criminal Defense Attorney serving New York, NY
Partner at
Law Offices of Julie Rendelman, LLC
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From my understanding of the facts you described, at the first trial the jury acquitted the person of Murder 1 but hung on Murder 2. At the second trial, the jury convicted that same person of Murder 2. While double jeopardy prevents the prosecution of this person for Murder 1, it does not prevent a re-prosecution for Murder 2.
There are many cases that require a second and even a third trial if the jury fails to reach a unanimous verdict at the first trial.
Answered on Feb 01st, 2016 at 6:34 PM