What happens when a jury’s foreperson stumbles on the only criminal charge for which the jury was apparently on its way to rendering a verdict?

That was the question presented to a split panel of the state Superior Court in an ineffective assistance of counsel case where the defendant’s trial attorney declined to move for dismissal on grounds of double jeopardy upon retrial. This, after the equivocating foreperson led the trial judge to declare a mistrial — and improperly, according to the majority — on the first go-around.

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