treefrog, 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.
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.