Fact check: How many times is the state allowed to prosecute a defendant on felony murder charges if the case continues to result in a hung jury.

1. Summary of the results

There is no legal limit to how many times the state can prosecute a defendant after a hung jury in felony murder cases ^{[1] [1]}. This principle was established by the Supreme Court case United States v. Perez in 1824, which determined that hung juries do not trigger double jeopardy protections ^[1]. While theoretically unlimited, most prosecutors typically do not pursue more than two or three trials ^[1].

2. Missing context/alternative viewpoints

Several important contextual points need to be considered:

• While legally unlimited, courts may be reluctant to allow repeated retrials and judges can intervene if the process becomes excessively burdensome or unfair to the defendant ^[1]
• There exists an "unspoken rule" among legal professionals that three trials is typically the maximum ^[2]
• Historical precedent shows that more trials are possible: The case of Curtis Flowers demonstrates that a defendant can be tried up to six times for the same crime ^[2]

3. Potential misinformation/bias in the original statement

The question itself may suggest there is a specific legal limit, which is incorrect. Several parties have different interests in this matter:

• Prosecutors benefit from the unlimited retry possibility as it gives them multiple opportunities to secure a conviction
• Defense attorneys and civil rights advocates might argue this creates an unfair burden on defendants, who must repeatedly defend themselves
• Taxpayers bear the financial burden of multiple trials
• Victims and their families might benefit from the possibility of multiple retrials to seek justice

The key is understanding that while legally unlimited, practical, ethical, and resource considerations typically limit the number of retrials in practice ^{[1] [1]}.