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. 2019):

" ' "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

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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 methods to attempt to persuade either the trial court or the jury.' " (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 305.)

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