Judge Walton has set a date of Sept. 2nd to determine whether Clemens should be retried.
The men later were retried after revelations that they destroyed the in-flight videotape of the incident.
If the high court rules that the case must be retried, it goes back only to the appellate stage, not to square one.
On the following day they returned to the judgment hall and retried the case.
The case was remarkable in that it was appealed twice to the Supreme Court and on the first appeal was retried.
If they cannot agree, the case must be retried before a new jury.
She was tried and retried, and at last forty judges agreed that she must be burned at the stake.
Buckingham then intervened with a demand that the case should be retried.
The General wrested it from its mouth, turned it over and over, and tried and retried to read it.
It resulted in a disagreement of the jury, but the cause has been again placed upon the calendar and will shortly be retried.
c.1300, "examine judiciously, sit in judgment of," from Anglo-French trier (late 13c.), from Old French trier "to pick out, cull" (12c.), from Gallo-Romance *triare, of unknown origin. The ground sense is "separate out (the good) by examination." Meaning "to test" is first recorded mid-14c.; that of "attempt to do" is from early 14c. Sense of "to subject to some strain" (of patience, endurance, etc.) is recorded from 1530s. Trying "distressing" is first attested 1718. To try (something) on for size in the figurative sense is recorded from 1956.