[Cboldt]

For mistrial, "fault" doesn't matter. What is being protected is the process. Jurirs can create mistrial without any input from either side.

I do agree that in this case, the state has lost it's right to ask for mistrial. It was given an opportunity to state the remedy it sought, and it stated the remedy it sought.

[supercat]

For mistrial, "fault" doesn't matter. What is being protected is the process. Jurirs can create mistrial without any input from either side.

If a prosecutor deliberately forces a mistrial, the Double-Jeopardy rule in conjunction with the Dirty Hands doctrine generally precludes retrial. That doesn't happen often, though, because most prosecutors would rather dismiss charges than force the judge to throw out a case via mistrial.

[Cyber Liberty]

I do agree that in this case, the state has lost it's right to ask for mistrial. It was given an opportunity to state the remedy it sought, and it stated the remedy it sought.

Yup. The State may have a million reasons to ask for a mistrial, but they can't use this question/answer.