Question

A husband and wife were charged with stealing credit cards and charging expensive items on the misappropriated cards. An attorney was appointed by the court to represent the couple jointly. At the preliminary hearing, the judge found that the attorney would have no conflict representing both defendants in the joint trial. Halfway through the trial, however, a conflict arose between the defenses of the husband and wife. At the wife's request, the attorney moved that another attorney be appointed to represent the wife and that a mistrial be declared. The trial judge moved favorably on the attorney's motion. Another attorney was appointed to represent the wife, and as soon as the wife's trial began, her attorney moved to dismiss the case on the ground that jeopardy had attached during the wife's first trial and that she was being retried in violation of the United States Constitution.

Required:
Should the judge grant the wife's attorney's motion?

Answer 1

Answer: The Judge should not grant the wife's attorney's motion.

Explanation: In this case in the first trial the Judge awarded a mistrial due to a conflict in representation between the wife and the husband. This could have been a serious procedural error that could have resulted in an unfair trial for the wife and/or the husband. A mistrial adjourns the case without a decision and awards a new (fair) trial.