State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Vincent M. Abbati, Jr., Defendant-Appellant and…

Summary

The Supreme Court of New Jersey held that a trial court possesses inherent authority to dismiss an indictment with prejudice after two hung‑jury mistrials, and it articulated a five‑factor standard to guide such dismissals. The Court reversed the Appellate Division and remanded for the trial court to apply the newly set standard. Constitutional double jeopardy and due‑process provisions do not bar the dismissal, but fundamental fairness justifies the inherent power.