Can a motion for mistrial be reviewed for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hershman, 89 F.3d 826 (2nd Cir. 1995):

We observe that a denial of a motion for mistrial is reviewable only for abuse of discretion. United States v. Marshall, 458 F.2d 446, 451 (2d Cir.1972). The district court did not abuse its discretion in denying the motion for mistrial. On both occasions that Berson's testimony strayed from the in limine rulings, defense counsel objected. After the first objection, defense counsel asked the court to do nothing. After the second objection, the court gave a clear curative instruction: the jury was not to consider defendant's alleged participation in the 1986 scheme. The two offending references were fleeting passages in Berson's lengthy testimony.

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