John Smith and a friend of his were left in charge of the 20-month-old son of Smith's live-in girlfriend. Approximately one hour after being left with the child, Smith's friend called emergency services because the child was having difficulty breathing. The child died two days after being rushed to the hospital. A medical examiner concluded that the cause of death was a close head injury, and the State of Iowa subsequently brought several charges against Smith for the death of the child.

The state charged Smith with capital murder, first-degree murder, manslaughter, and negligent homicide. At the conclusion of the trial, the court instructed the jury to consider each charge one at a time and to consider the greater offenses before the lesser offenses. After over four hours of deliberation, the jury returned. The forewoman stated that the jury was deadlocked. The Judge asked the forewoman about each charge, and she stated that the jury was unanimously against the capital murder charge, unanimously against the first-degree murder charge, and deadlocked on the manslaughter charge. The jury returned for further deliberation but remained deadlocked. The judge released the jury, and the court declared a mistrial.

The state sought to retry Smith on all charges. Smith filed a motion to dismiss the capital murder and first-degree murder charges on double jeopardy grounds, arguing that the jury had made a decision on those two counts. The trial court denied the motion on the basis that the juror's communication to the judge was a casual communication and not an acquittal. Smith made an interlocutory appeal to the Supreme Court of Iowa, which affirmed the trial court's denial of the motion. After the Supreme Court of Iowa denied Smith's petition for rehearing, Smith appealed the decision.

Pro -You agree with Iowa that Smith can be retried on all charges

Question - Write an argument in favor of Iowa