Mistrials

Mississippi Rules of Criminal Procedure (effective July 1, 2023)

Rule: 23.5

Jurisdiction: MS

Bluebook Citation: Miss. R. Crim. P. 23.5

Upon motion of any party, the court may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct by a party, a party’s attorney(s), or someone acting at the behest of a party or a party’s attorney(s), resulting in substantial and irreparable prejudice to the movant’s case. Upon motion of a party or its own motion, the court may declare a mistrial if: 133 (a) The trial cannot proceed in conformity with the law; or (b) It appears there is no reasonable probability of the jury’s agreement upon a verdict.

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