Is there any abuse of discretion in denying a motion for mistrial based on victim impact evidence?

California, United States of America


The following excerpt is from People v. Montes, S059912 (Cal. 2014):

Defendant contends the trial court abused its discretion by denying his motion for mistrial based on the victim impact evidence. (People v. Cox (2003) 30 Cal.4th 916, 953 [denial of mistrial motion is reviewed under an abuse of discretion standard].) He points to the grave vandalism testimony and the videotape montage as constituting incurably prejudicial evidence that required a mistrial. Having found no reversible error in the admission of the victim impact evidence, we find no abuse of discretion in the trial court's denial of defendant's motion for mistrial based on that evidence.

Page 93

11. Refusal to Give a Defense Instruction on Victim Impact Evidence

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