Is a motion for a mistrial reviewed for abuse of discretion?

MultiRegion, United States of America

The following excerpt is from United States v. Nina, No. 16-909-cr (2nd Cir. 2018):

"A district court's denial of a motion for mistrial is reviewed for abuse of discretion." United States v. Rodriguez, 587 F.3d 573, 583 (2d Cir. 2009). A district court abuses its discretion when, inter alia, "its decisionthough not necessarily the product of a legal error or a clearly erroneous factual findingcannot be located within the range of permissible decisions." United States v. Figueroa, 548 F.3d 222, 226 (2d Cir. 2008) (citation omitted). "A defendant's motion for a mistrial may be granted where something has occurred to interfere with the defendant's right to a fair trial." United States v. Yannai, 791 F.3d 226, 242 (2d Cir. 2015). However, a mistrial is a "drastic remedy," United States v. LaFroscia, 485 F.2d 457, 458 (2d Cir. 1973) (per curiam), that should be used only "with the greatest caution, under urgent circumstances, and for very plain and obvious causes," United States v. Klein, 582 F.2d 186, 190 (2d Cir. 1978) (citation omitted).

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