What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Jones, E060667 (Cal. App. 2015):
"[A] motion for mistrial should be granted only when ' "a party's chances of receiving a fair trial have been irreparably damaged." ' " (People v. Ayala (2000) 23 Cal.4th 225, 282.) An order denying a motion for mistrial is generally reviewed under the abuse of discretion standard. (People v. Cox (2003) 30 Cal.4th 916, 953, disapproved
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