California, United States of America
The following excerpt is from People v. Rices, 226 Cal.Rptr.3d 118, 4 Cal.5th 49, 406 P.3d 788 (Cal. 2017):
The standard of review of a ruling denying a mistrial motion and a ruling denying a new trial motion is the same: abuse of discretion. ( People v. Harris(2013) 57 Cal.4th 804, 848, 161 Cal.Rptr.3d 364, 306 P.3d 1195 [mistrial motion]; People v. Coffman and Marlow(2004) 34 Cal.4th 1, 127, 17 Cal.Rptr.3d 710, 96 P.3d 30 [new trial motion].) As we explain, the court acted within its discretion when it denied the mistrial motion on both occasions and, accordingly, it acted within its discretion when it later denied a new trial on the same grounds.
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