In this case, the jury unanimously agreed against capital murder, unanimously agreed against 1st degree murder, and split against manslaughter (9-3 tilted toward acquittal).
Whether this was the right verdict or wrong verdict, it is unconstitutional to retry the charges he was acquitted on, and I am astounded the supreme court is allowing it.
They never officially rendered any decision on any charge.
You got that a little wrong. When the jury notified the judge that they were hung on the third charge, this was not a verdict; nor was the statement that they were unanimous on the first and second charges. And since they were hung on the third charge, in effect they rendered *no* verdict at all. Not guilty, not guilty, or innocent. Nothing.
At that point, when the judge declared a mistrial, it was as if the trial never happened, so the prosecution and defense were back to square 1.