Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the executive has unchecked power to endlessly retry a defendant so long as the prosecutor has not engaged in misconduct

QUESTION PRESENTED IL The prosecution presented essentially the same evidence and legal theory in what it steadfastly characterized as a “simple” case that was entirely dependent on the credibility of police witnesses, whose testimony was “at times contradictory and at other times strained credulity,” and failed, twice, to obtain a conviction. When the government announced its intent to pursue a third prosecution, with no new evidence, the trial court invoked its inherent power to dismiss the indictment after engaging in a careful balancing of factors. The question presented is: Whether a trial court possesses inherent power to dismiss an indictment with prejudice following serial mistrials for jury deadlock or whether the executive has unchecked power to endlessly retry a defendant so long as the prosecutor has not engaged in misconduct. 1