Can a district court deny a motion for mistrial for abuse of abuse of power?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lee, 1 F.3d 1247 (9th Cir. 1993):
We review a district court's denial of a motion for mistrial for abuse of discretion. United States v. Marsh, 894 F.2d 1035, 1040 (9th Cir.1989), cert. denied, 493 U.S. 1083 (1990). A district court may cure the effect of misstatements "by giving appropriate curative instructions to the jury." Id. (internal quotations omitted); see also United States v. Mostella, 802 F.2d 358, 361 (9th Cir.1986) (district court instruction to jury minimized impact of misstatements).
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