LogFAQs > #979962944

realnifty1 posted...

Well, maybe can be retried, it is about as settled as Roe v Wade was. The basing for hung juries and mistrials to be retried was on a ruling that decided that jeopardy is not attached until the verdict is decided. But more recent than that the Supreme Court has ruled jeopardy attaching when the jury is seated.

So should there be a hung jury or mistrial, fully expect a case before the SC on DJT claiming double jeopardy.

A hung jury leading to a mistrial does not lead to double jeopardy because that result brings the trial to a standstill with no resolution. Double Jeopardy applies when there's a final resolution to the case. Their actual angle from that point would be to go after the judge or the prosecutor for procedural violations.