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Louisiana Motion for Mistrial

Mistrial

Name: Louisiana Motion for Mistrial
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.87 (292 reviews)

Category:

Louisiana Criminal - Motions

State:

Louisiana

Control #:

LA-5392

Format:

Instant download

Description Louisiana Motion

In this example, the defendant moves for a mistrial pursuant to Louisiana Constitution, Article 1, Section 17 and La. C.Cr.P. Article 786, which guarantees the defendant a right to full voir dire examination of prospective jurors.

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Louisiana Motion Template Other Form Names

Mistrial Document Mistrial La Mistrial Louisiana Mistrial Sample Motion For Mistrial Motion Mistrial Form

FAQ

In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

Five of the most common are: a fundamental procedural, legal, or evidentiary error that cannot be cured by an instruction to the jury and which prejudices the defendant. Examples include improperly admitted and highly prejudicial evidence or very improper remarks by a prosecutor in their closing argument.

Causes of a Mistrial Examples include improperly admitted and highly prejudicial evidence or very improper remarks by a prosecutor in their closing argument. an impropriety in the selection or impaneling of the jury discovered during the trial, such as a relationship between one of the jurors and a party or witness.

After a mistrial has been declared, the prosecution must decide whether they intend to pursue the case, or drop it. Prosecutors may drop a case if they believe a second trial will end in an acquittal or a second hung jury.

If the jury cannot reach an unanimous decision for a guilty verdict and also do not find the defendant to be not guilty then this will be a hung jury and the judge can declare a mistrial.

In most cases a mistrial will not bar the State from starting all over and trying the defendant again. This is unfair and violates the protections of the Double Jeopardy Clause in the Constitution. However, the appellate courts have repeatedly disagreed and held that retrials are permitted in most circumstances.

(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.

When a mistrial is declared, the jury is discharged, and, depending on the reason for the mistrial, the Court either will direct that the trial begin again with a new jury or dismiss the charges.Generally, if the defendant requests the mistrial, a new trial will be ordered.

If the jury cannot reach an unanimous decision for a guilty verdict and also do not find the defendant to be not guilty then this will be a hung jury and the judge can declare a mistrial.

Mistrial

Description Louisiana Motion

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FAQ

Does the defendant go free in a mistrial?

What is the most common reason that a judge declares a mistrial?

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What happens when Judge declares mistrial?

How does a mistrial work?

Is a mistrial good or bad for the defendant?

What is a 701 motion in Louisiana?

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