What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from The People v. Ruiz, F057526, No. VCF209929B (Cal. App. 2010):
Appellant now contends that the court erred in denying his motion for a mistrial. The contention fails because appellant made no motion for a mistrial. The motion was made by the other two defendants. Appellant asserts that his trial counsel was ineffective for failing to join in the motion, but, aside from the merits of the motion, an obvious possible tactical reason appears why trial counsel would not do so (People v. Frye, supra,
Page 17
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is there a "rare" case where the merits of a mistrial motion were so clear that counsel's failure to make the motion would amount to ineffective assistance? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for a motion to dismiss a motion for a retrial after a mistrial? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the test for a motion to amend a motion where a plaintiff has been found to have suffered from a defect in their motion? (California, United States of America)
