At this point, most people have heard about the Lindsey Clancy Trial. As you may have heard, it ended in a mistrial. So what exactly is a mistrial? Well what it boils down to is that mistrial is a trial that could not be completed for some reason. It is then essentially stopped and rescheduled.
A mistrial can happen for a few reasons. A common reason for a mistrial is that an attorney or witness brings something up in front of the jury that they are not allowed to discuss in front of them. Perhaps a witness brings up prior convictions or actions of the Defendant that they were already ordered not to discuss. Perhaps an attorney makes an argument that would unduly influence the jury.
A Judge can also order a mistrial if the judge, an attorney, a key witness, or someone else essential to the case becomes unavailable- whether through sickness, death, or some other emergency.
A Judge can also order a mistrial when it is clear that the jury will not come to an agreement on the case and that no further deliberations will resolve resolve that issue. A jury must come to an unanimous decision in a criminal case. If hours, days, or even weeks have passed without a consensus decision as to the guilt or innocence of the Defendant, the Judge may feel that no additional time will really make a difference and that a new trial will be ordered. This appears to be what happened in the Lindsey Clancy Trial.
When a Judge orders a mistrial, a new trial will be scheduled. Sometimes the State and the Defense can use that time to work out any potential issues for the next trial or work out an agreement to resolve the entire case. If you have an upcoming trial or a criminal case you would like to discuss further, please do not hesitate to reach us at 317-870-0019 to see if we can help.
