State v. Loyal

In State v. Loyal, 164 N.J. 418, 753 A.2d 1073 (2000), the Supreme Court of New Jersey affirmed a trial judge's sua sponte declaration of a mistrial over defendant's objections where it came to light during the trial that defense counsel had previously represented a recanting witness. In that case, the Supreme Court found that "the primary basis for the trial court's declaration of a mistrial in this matter was the vindication of the public interest in a fair trial." Id. at 443, 753 A.2d 1073. "Where a trial court declares a mistrial because of a substantial concern that the trial's result may be tainted, 'the trial judge's determination is entitled to special respect.'" Id. at 436, 753 A.2d 1073.