15A-1061. Mistrial for prejudice to defendant. Upon motion of a defendant or with his concurrence the judge may declare a mistrial at any time during the trial. The judge must declare a mistrial upon the defendant’s motion if there occurs during the trial an error or legal defect in the proceedings, or conduct inside or […]
15A-1062. Mistrial for prejudice to the State. Upon motion of the State, the judge may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct resulting in substantial and irreparable prejudice to the State’s case and the misconduct was by a juror or the defendant, his lawyer, or someone […]
15A-1063. Mistrial for impossibility of proceeding. Upon motion of a party or upon his own motion, a judge may declare a mistrial if: (1) It is impossible for the trial to proceed in conformity with law; or (2) It appears there is no reasonable probability of the jury’s agreement upon a verdict. (1977, c. 711, […]
15A-1064. Mistrial; finding of facts required. Before granting a mistrial, the judge must make finding of facts with respect to the grounds for the mistrial and insert the findings in the record of the case. (1977, c. 711, s. 1.)
15A-1065. Procedure following mistrial. When a mistrial is ordered, the judge must direct that the case be retained for trial or such other proceedings as may be proper. (1977, c. 711, s. 1.)
