Pa. Justices Rein In Trial Courts' Power To Grant Mistrials

Law360 (July 21, 2020, 10:59 PM EDT) -- Pennsylvania's Supreme Court ruled Tuesday that a trial court overseeing a nursing home injury trial was wrong to declare a mistrial of its own accord, because that power exists only when there's a manifest injustice "of a constitutional or structural nature."

A trial court granted a mistrial of its own accord, or sua sponte, after a verdict was rendered in the case of Elma Betty Temple, a resident of Providence Care Center LLC who had a history of falls and fell again while walking unsupervised by medical staff on a ramp in November 2011. A jury awarded $2 million in compensatory...

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