State v. Moeck

¶ 82. (dissenting). I dissent. In the words of the United States Supreme Court:

Unless unscrupulous defense counsel are to be allowed an unfair advantage, the trial judge must have the power to declare a mistrial in appropriate cases. The interest in orderly, impartial procedure would be impaired if he were deterred from exercising that power by a concern that any time a reviewing court disagreed with his assessment of the trial situation a retrial would automatically be barred.

Arizona v. Washington, 434 U.S. 497, 513 (1978). In Washington, the trial judge granted a mistrial after the jury was…