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Posted January 5, 2013 6:17pm. There is no limit. A mistrial means that there was no verdict, so until the prosecutor decides ot stop trying the case, they can continue to go to trial. It is unfortunate, but unless the jury agrees they can keep trying.
Typically, there is no bar to a retrial if the defendant requests or consents to a mistrial. A retrial may be barred if the court grants a mistrial without the defendant's consent, or over his objection. If the mistrial results from judicial or prosecutorial misconduct, a retrial will be barred. In United States v.