462 Mass. 1 Appellant Ray Brief - Mass Cases

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have not been able to come to an unanimous decision,
even after very careful consideration of all of the
evidence presented. We are in fact hopelessly dead­
locked" (R. 17).
After reviewing the third note, the judge indicated
that he was inclined to declare a mistrial without
giving the jury any further instructions (R. 17). Both
the prosecutor and defense counsel requested that the
judge give a Tuey-Rodriguez instruction (R. 17). The
judge declined to further instruct the jury and instead
declared a mistrial over the defendant's objection (R.
17) .
On February 15, 2012, without a hearing, the judge
denied the defendant's motion to dismiss the indict­
ments on double jeopardy grounds (R. 18). Without a
hearing the judge also denied the defendant's motion to
stay the proceedings (R. 18).
On February 16, 2012, the defendant petitioned the
single justice for relief pursuant to G.L. c.211, §3.
After the Commonwealth filed an opposition to the
petition, the single justice, on February 17, 2012,
reserved and reported the matter without decision for
determination by the Supreme Judicial Court for the