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If she is found guilty on OUI and not manslaughter, she will only be charged on OUI. They can charge on the lesser included without charging her with manslaughter.I"m thinking they will find her guilty on the OUI, in which case, she is guilty of only an OUI, correct? ... and not of manslaughter while OUI?
Are you saying that if they cannot decide on the OUI, it becomes a hung jury on Count 2 in its entirety and she could be retried on that count alone?
But yes, if they cannot decide on OUI, she can be retried on the entire manslaughter charge. She was not indicted on OUI, it’s a lesser included. So even if they hang on that, the courts consider it hanging on count 2.