Win the Judgment of Acquittal on Some Counts; Step 2
by: Ryan • August 8, 2014 • one comment
For a long time, I've waited for the following situation. Defendant is charged with a number of crimes from different incident dates. Some unhelpful evidence comes in that's relevant to, say, counts 1, 2 and 3, but not relevant to counts 4, 5 and 6. By itself, that wouldn't have been a reason to sever. For whatever reason, you win an MJOA for counts 1, 2 and 3. That evidence that wasn't relevant to counts 4, 5 and 6, is no longer relevant to any counts at all before the jury. So what do you do? Move for a mistrial. Whatever legal justification that let the jury hear prejudicial evidence only because it was relevant to some of the counts can't justify admission when it isn't relevant to any of the counts that get submitted to the jury.
Never had a chance to do that. I know one attorney who did, lost the mistrial motion, and then received two-word verdicts on the remaining charges, so there was no appeal.
I was reminded of this when I saw one of the questions presented in one of the many cases the Oregon Supreme Court granted review of. It says:
- (3) Must a trial court grant a motion to sever if the jury will hear prejudicial evidence regarding a different victim, or grant a motion for mistrial if the jury has heard prejudicial evidence regarding a different victim, and the state dismisses all charges related to that victim mid-trial for lack of evidence?
Not exactly my scenario, but close.
