Mistrial vs Dismissal Question

[HSmith74]

What is the name of your state (only U.S. law)? New Jersey

My husband has been denied throughout his appeal and there are elements to his case that they won’t even acknowledge. I write to you in the hope of being able to point us in the right direction. The issue is his lawyer requested a mistrial with prejudice and the Court granted a mistrial when defense counsel did not acquis to that. Question is—when defense counsel asked for mistrial with prejudice i.e. dismissal—is it that properly inferred as consenting to mistrial?

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

My husband has been denied throughout his appeal and there are elements to his case that they won’t even acknowledge. I write to you in the hope of being able to point us in the right direction. The issue is his lawyer requested a mistrial with prejudice and the Court granted a mistrial when defense counsel did not acquis to that. Question is—when defense counsel asked for mistrial with prejudice i.e. dismissal—is it that properly inferred as consenting to mistrial?

Your husband is represented. All questions should be directed to his attorney, as his attorney knows all of the facts in the case.

 

[FlyingRon]

Unless the judge orders it to be with prejudice, the state is free to try him again. If the lawyer didn't object to the mistrial at the time or through a timely appeal, then there's not much to be done about it now. Am I to assume that the state retried him?