Grounds for Mistrial — Louisiana

Posted by & filed under Criminal Procedure, Criminal Statutes, Trial, Uncategorized.

Louisiana Trial Attorney New Orleans

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense

 

Grounds for Mistrial — La Code of Criminal Procedure Article 775

A mistrial may be ordered, and in a jury case the jury dismissed, when:

(1)  The defendant consents thereto;

(2)  The jury is unable to agree upon a verdict;

(3)  There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law;

(4)  The court finds that the defendant does not have the mental capacity to proceed;

(5)  It is physically impossible to proceed with the trial in conformity with law; or

(6)  False statements of a juror on voir dire prevent a fair trial.

 
 Contact us today for a consultation — Elizabeth B. Carpenter, Esq.!

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