Pinney v. Commonwealth

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The Supreme Judicial Court affirmed the judgment of a single justice of the county court denying Appellant’s petition filed pursuant to Mass. Gen. Laws ch. 211, 3, holding that retrying Appellant after his first trial ended in a mistrial will not violate his protection against double jeopardy.Appellant was charged with murder in the first degree. After deliberating for several days, the jury reported that they were deadlocked. The judge determined that the deliberating and alternate jurors had improperly communicated and thus engaged in misconduct. Appellant filed a motion for a mistrial on this basis. The judge allowed the motion. Thereafter, Appellant filed a motion to dismiss the indictment. The judge denied the motion. Appellant then filed this petition seeking review of that decision. The Supreme Judicial Court affirmed, holding that because the evidence was legally sufficient to support a murder verdict against Appellant, retrying him will not violate the guarantee against double jeopardy. View "Pinney v. Commonwealth" on Justia Law