Yes, they do sometimes re-file cases that hang. But they will only do that if they had an 11-1 to convict.
Important takeaway I think is that Durham had to file this case there. Did they hope they could get a conviction? Or was it more important to introduce the facts to the people, in this lower level case, regardless of hopes for a conviction? You gotta start getting the facts out in public somewhere.
Lose in lower hanging fruit case(s)? Can still use testimony later for bigger game. Imho
No. Anything less than 12-0 is a “hung” jury.
Yes. CAN re-file. In practice though, they (the People) MAY choose not to if they were not close to getting a guilty. In some cases, if something like a 6-6 ratio, a judge may decide to dismiss “with prejudice” so that the case may not be refiled. Depends on the case. Some crim cases have been hung 1-11 for not guilty, then allowed to be refiled, to later get a 12-0 guilty verdict. Sorry, but it can go a lot of ways.
Plaid speed indeed. Were ye thinkin yed be gettin off Scot free?