IANAL but I don’t think you want a mistrial this early on in a case. The prosecution would be way less likely to try a second prosecution if the mistrial is after they already wasted their time and resources.
For something like this they might just hand the documents back and say “you didn’t mean to release this, did you?” And then they just pretend they never saw it.
Essentially what happened, though they aren’t paper documents:
Prosecutors took “appropriate measures” both times, forwarding the confidential health records to the judge and deleting their own copy, the lead assistant district attorney, Joel Seidemann, wrote in revealing what he described as a double-snafu on Friday.
Sounds like a mistrial.
IANAL but I don’t think you want a mistrial this early on in a case. The prosecution would be way less likely to try a second prosecution if the mistrial is after they already wasted their time and resources.
You don’t get a mistrial when your defense lawyer messed up.
You can, depends on what the mess up was.
For something like this they might just hand the documents back and say “you didn’t mean to release this, did you?” And then they just pretend they never saw it.
Essentially what happened, though they aren’t paper documents:
I believe there’s a caveat for lawyer fuckups.
Omg 🤣