People v. Mehall

After the jury said that it could not reach a unanimous decision in this case, the circuit court declared a mistrial. Later, the court granted the defendant’s motion for a directed verdict of acquittal. The issue is whether double jeopardy principles pre elude another trial. We hold that the defendant may be retried because the actual basis of the directed verdict was not insufficient evidence as required by MCR 6.419(A), and the defendant thus was not “acquitted.”

i

The defendant was charged with two counts of first-degree criminal sexual conduct. At trial, after the prosecution rested its…