What is the test for a mistrial when prejudicial publicity has been found to have prejudiced a jury?
The following excerpt is from United States v. Delance, 14-4769(L), 15-118(CON), 15-77(CON) (2nd Cir. 2017):
"When jurors have been exposed to prejudicial publicity during trial, the trial court must determine whether the jurors retained the requisite impartiality." United States v. Scopo, 861 F.2d 339, 349 (2d Cir. 1988) (internal quotation marks omitted). We have established a "simple three-step process" that a district court may follow in order to determine whether a mistrial is warranted as a result of prejudicial publicity:
Id. We review the district court's determinations under this process for an abuse of discretion. Id.
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