Marte v. Berkman

McGuire, J. (concurring).

I agree the petition should be dismissed because petitioners (the defendants in the underlying criminal prosecution) implicitly consented to the mistrial. Additional discussion of the relevant facts and legal principles, however, is warranted. I also agree, with Justice Berkman that “[t]he declaration of a mistrial was within the court’s discretion, and a retrial of the undecided count would not offend the double jeopardy rule.”

After an eight-day trial, the court submitted to the jury the three counts of robbery charged in the indictment (attempted first-degree…