What is the standard for a motion for a mistrial in a criminal case?

California, United States of America


The following excerpt is from People v. Fowler, H044621 (Cal. App. 2018):

" ' "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.]" (People v. Penunuri (2018) 5 Cal.5th 126, 149.) Accordingly, we review rulings on motions for mistrial under the deferential abuse of discretion standard. (Ibid.)

" 'The applicable federal and state standards regarding prosecutorial misconduct are well established.' " (People v. Hill (1998) 17 Cal.4th 800, 819.) " 'A prosecutor's conduct violates the Fourteenth Amendment to the federal Constitution when it infects the trial with such unfairness as to make the conviction a denial of due process. Conduct by a prosecutor that does not render a criminal trial fundamentally unfair is prosecutorial misconduct under state law only if it involves the use of deceptive or reprehensible

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