What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Homick, 150 Cal.Rptr.3d 1, 289 P.3d 791, 55 Cal.4th 816 (Cal. 2012):
Based on our analysis of the value of the proffered evidence, we also conclude the trial court did not abuse its discretion when it denied defendant's motion for a mistrial. ( People v. Avila, supra, 38 Cal.4th at p. 573, 43 Cal.Rptr.3d 1, 133 P.3d 1076.) For the same reason, we reject defendant's claim that he was entitled to lesser relief, in the form of a stipulation.
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