California, United States of America
The following excerpt is from People v. Sneed, B276525 (Cal. App. 2018):
conclusion would require an unsupported leap. While the jurors might naturally suspect defendant's mother and aunt of wanting to help defendant, there was no reason for them to believe defendant's trial attorney would actively encourage those witnesses to lie. The prosecutor at no time suggested defense counsel had coached witnesses to lie. The prosecutor made no further reference to the familial relationship. Additionally, the trial court admonished the jury to disregard the question and answer. The jury is presumed to have followed the trial court's timely admonition. (People v. Cox, supra, 30 Cal.4th at p. 961.) And even assuming the prosecutor's inquiry was misconduct under state law, given that defendant shot King in front of multiple witnesses, it is not reasonably probable the jury would have reached a result more favorable to her absent the challenged testimony.
2. The trial court properly denied defendant's mistrial motion
For the same reasons, the trial court did not abuse its discretion in finding the matter curable by admonition and denying defendant's mistrial motion. (People v. Cox, supra, 30 Cal.4th at p. 953.) "'In reviewing rulings on motions for mistrial, we apply the deferential abuse of discretion standard. [Citation.] "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.]" [Citation.]' [Citation.]" (People v. Gonzalez (2011) 51 Cal.4th
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