Legal Question in Criminal Law in Maryland

If a defendant in a criminal trial has a stroke durring the trial does it become a mistrial ?


Asked on 8/04/10, 7:50 am

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Probably. Whether to grant a motion for mistrial is based on whether in the judge's discretion, there is manifest necessity to do so. It's a big deal to interrupt a trial, but the health of someone who is involved can rise to that level. A hurricane would be another example. In addition a stroke could render a defenant not competent to stand trial.

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Answered on 8/09/10, 9:11 am


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