Question: In this chapter we note that if a defendant seeks and obtains a mistrial, the prosecution ordinarily may retry the defendant with no Double Jeopardy

In this chapter we note that if a defendant seeks and obtains a mistrial, the prosecution ordinarily may retry the defendant with no Double Jeopardy restraints. If it is the prosecution that obtains the mistrial, Double Jeopardy requires that the prose- cution show the mistrial was necessary as "the only reasonable alternative to insure justice." What if the trial judge, on her own motion (called "sua sponte") declares a mistrial because she believes she can no longer be objective in her role as trial judge? Can the prosecution retry the defendant on the same charges? Who has the burden to suggest alterna- tives to the trial judge before she declares a mistrial? See State v. Manatau, 322 P.3d 739 (Utah 2014)

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