Martin Weinberg

“which could have established further that the reasons were personal, rather than simply because of the internal chemistry of jury deliberations.”

Martin Weinberg · said 2026-11-02 · reported 2026-11-02

Weinberg argued in court that the prosecution must prove it met the manifest necessity standard and that a voir dire of the holdout juror should have been conducted first.

“and that’s the viable alternative that we claim countered the manifest necessity that the rule requires for double jeopardy,”

Martin Weinberg · said 2026-11-02 · reported 2026-11-02

Weinberg argued that questioning the holdout juror could have led to that juror's discharge, providing a viable alternative to declaring a mistrial.