Texas Jury Instruction - Caution - Multiple Defendants - Multiple Counts
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Section 8.02 - Mistake of Fact (a) It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of culpability required for commission of the offense.
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.
Counts refer to the basis for bringing a case, including each cause of action in civil cases or charge in criminal cases. Lawsuits can involve multiple counts in which someone can be held liable. For example, assault and battery are separate causes of action that often are both present in a lawsuit.
A mistrial may be declared for a number of reasons. One of the most common reasons for a judge to declare one is due to a hung jury. A ?hung jury? is when a jury deadlocks after lengthy deliberations and can't come to a unanimous decision on the defendant's guilt or innocence.
If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
A deadlocked jury is a common reason for declaring a mistrial when the jurors cannot agree over the defendant's guilt or innocence.