Is prosecutor misconduct an appropriate basis for a motion for a mistrial?

California, United States of America


The following excerpt is from People v. Rodrigues, 36 Cal.Rptr.2d 235, 8 Cal.4th 1060, 885 P.2d 1 (Cal. 1994):

Prosecutorial misconduct may constitute an appropriate basis for a mistrial motion. (See People v. Wharton (1991) 53 Cal.3d 522, 565, 280 Cal.Rptr. 631, 809 P.2d 290.) " 'A mistrial should be granted if the court is apprised of prejudice that it judges incurable by admonition or instruction. [Citation.] Whether a particular incident is incurably prejudicial is by its nature a speculative matter, and the trial court is vested with considerable discretion in ruling on mistrial motions.' [Citation.]" (Ibid.)

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