Can a defendant bring a motion for assistance of counsel against the court for a mistrial?
California, United States of America
The following excerpt is from People v. JAMES, C060741, No. 08F04105 (Cal. App. 2010):
Defendant complains the court's instructions related only to one reference to incarceration, whereas there were several other references to incarceration. However, there was no objection or mistrial motion with respect to the other references and therefore the matter cannot be raised on appeal. (People v. Wilson (2008) 43 Cal.4th 1, 25.)
The trial court did not abuse its discretion in denying the mistrial motion.
2. Assistance of Counsel
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