One Attorney’s Opinion re the Chauvin Verdict
22nd April 2021
A mistrial occurs when 1) a jury is unable to reach a verdict and there must be a new trial with a new jury; 2) there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a decision on the merits and awards a new trial. See, e.g. Williamson v. United States, 512 U.S. 594 (1994).
In this case, serious error included a failure to sequester jury, leaving the jurors open to influence and intimidation, including, apparently, mob agitation by a sitting federal Congresswoman.
Noteworthy is that jury deliberation covered three days of evidence in a day, without asking the judge for instructions. Unlikely that any adequate deliberation took place is such a hasty time frame.