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/ritrˈaɪəl/ Listen

Retrial

noun

A new trial in which issues already litigated and to which the court has already rendered a verdict or decision are reexamined by the same court; occurs when the initial trial is found to have been improper or unfair due to procedural errors.

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Etymology of 'Retrial'

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"Retrial" Quotes from Famous Books

... that upon a retrial of the original claim, or upon the trial of the new claim, the claimants shall be at liberty to offer in evidence the depositions of witnesses now on the files of any of the committees of Congress in relation to the aforesaid ...

— Messages and Papers of William McKinley V.2. • William McKinley

... Chinese exclusion cases, the Maynard election returns case, and the Income Tax Suit. In 1871 he became a member of the "Committee of Seventy" in New York City, which was instrumental in breaking up the "Tweed Ring," and later assisted in the prosecution of the indicted officials. In the retrial of the General Fitz John Porter case he obtained a reversal of the decision of the original court-martial. His greatest reputation was won perhaps in cross-examination. In politics he allied himself with the Republican party on its organization, being a frequent ...

— Encyclopaedia Britannica, 11th Edition, Volume 6, Slice 3 - "Chitral" to "Cincinnati" • Various

... life or limb, expressed in the Fifth Amendment as a limitation against the Federal Government, had been absorbed in the due process clause of the Fourteenth Amendment. Thus, in Dreyer v. Illinois,[975] after declaring that a retrial after discharge of a hung jury did not subject a defendant to double jeopardy, the Court concluded as follows: If "* * * what was said in United States v. Perez [(9 Wheat. 579 (1824)) embracing a similar set of facts], * * * is adverse to the contention of the accused that he was put twice ...

— The Constitution of the United States of America: Analysis and Interpretation • Edward Corwin

... moment the import of this did not penetrate to Keith's understanding. Then he half rose, shouted "What!" and sank back stunned. His brain was in confusion. Only dimly did he hear the judge dismissing the jury, remanding Cora for retrial, adjourning court. Instantly Cora was surrounded by a congratulatory crowd. Keith sat alone. McDougall, gathering up his papers from the table assigned to counsel, made some facetious remark. Keith did not reply. McDougall looked at him sharply, ...

— The Gray Dawn • Stewart Edward White

... But, while they wrangled, McWhirter and I were already on the right track. At the very hour that the jurymen were being discharged and steps taken for a retrial, we had the murderer locked in my room in a cheap lodging-house ...

— The After House • Mary Roberts Rinehart