Don't quote me, but imagine if the cause for a mistrial is the judge, then the next higher court decides it. I believe this is not criminal court, its civil, so i think criminal court judge would decide

A mistrial is typically declared by the presiding judge in a court case. A mistrial is declared when a trial is terminated and deemed invalid before its normal conclusion. This may occur for various reasons, such as:

Jury Misconduct: If the jury engages in misconduct or violates the court's instructions, a mistrial may be declared.

Legal Error: If there is a serious legal error during the trial that could impact the fairness of the proceedings, a mistrial may be declared.

Prejudicial Evidence: The introduction of evidence that is highly prejudicial and cannot be properly addressed or cured by jury instructions may lead to a mistrial.

Deadlocked Jury: If the jury is unable to reach a unanimous verdict and is deadlocked, the judge may declare a mistrial.

Serious Misconduct by a Party: If there is serious misconduct by one of the parties involved in the trial, the judge may declare a mistrial.

Other Circumstances: There can be various unforeseen circumstances or emergencies that arise during a trial, making it impossible to continue, leading to a mistrial.

It's important to note that mistrials are not declared lightly, and judges carefully consider the circumstances before making such a decision. After a mistrial is declared, the case may be retried with a new jury or under different circumstances. The decision to grant a mistrial is within the discretion of the presiding judge.

Timing

I mistrial means the first trial is void and doesn't count.

Yeah, but unless the judge is a corrupt moron who conducts mistrials, no one would touch this case.