What is the standard for a motion for mistrial?
California, United States of America
The following excerpt is from The People v. Casey, B214313, No. MA042406 (Cal. App. 2010):
In reviewing rulings on motions for mistrial, the reviewing court applies the abuse of discretion standard. A trial court should grant a motion for mistrial only if the challenged evidence is so prejudicial that it cannot be cured by admonition or instruction. (People v. Wallace (2008) 44 Cal.4th 1032, 1068.) The trial court is "'vested with considerable discretion in ruling on mistrial motions.'" (Ibid.)
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