A judge presiding at a retrial following a hung jury is not bound by the rulings of the first trial judge but should follow them as a matter of judicial comity unless there are different circumstances, fresh evidence, or the earlier ruling was clearly wrong. The foredoomed to fail test for a permanent stay requires the accused to show the prosecution will 'inevitably and manifestly fail' — a higher threshold than a directed verdict application — and the unsuccessful directed verdict applications at the first trial are relevant to that assessment. Multiple abuse of process factors must be considered both individually and cumulatively, but the strong public interest in serious criminal charges being determined on their merits weighs heavily against a permanent stay.
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