LEGAL QUESTION - if the jury reaches an acquittal verdict on M2 that he is not guilty. But they are hung on the manslaughter...... can the prosecution retry the case with another M2 and MS charge? Or can they only recharge on the hung charge of MS?
Thanks
IANAL, but as I understand the law, a hung jury results in a mistrial with no verdict given on any of the charges.
Florida Criminal Code would dictate whether or not the State can file new charges and which charges are allowed under the law.
I would assume they could refile on 2nd degree murder and the lesser included charge of manslaughter.
There’s only one not guilty box on the form, it covers both.
above my pay grade.
I think there are some lawyers lurking on some of the trial threads
Keep the question alive, someone will pick it up.
Best wishes!