04-01-2013, 07:55 PM
(04-01-2013, 07:41 PM)username Wrote: HotD, I'm guessing that typically the judge wouldn't declare a mistrial just knowing they can always bring it up on appeal? Even if it was misconduct?
I don't know anything about mistrials in cases like this but I don't see the benefit for anyone except the defendant for a judge to say okey-dokey, here's your mistrial.
The defendant is the only one who would benefit, that's true.
This is just my opinion/understanding from past cases:
If a juror really did/said something inappropriate and against juror instructions. I'd think all of the jurors would have to be questioned about it. The offending juror and any other juror(s) who indicated that he/she was influenced by the infraction would probably be replaced before a mistrial would be called, so long as there were alternates available (as there are in this case).
This could be just more defense tactics as the trial nears its end. As you stated, back-pocket appeals grounds if the verdict doesn't go the defendant's way (DP cases have an automatic appeals process).