California, United States of America
The following excerpt is from People v. Vantuinen, B261581, B270299 (Cal. App. 2018):
"A motion for mistrial is directed to the sound discretion of the trial court. We have explained that '[a] mistrial should be granted if the court is apprised of prejudice that it judges incurable by admonition or instruction. [Citation.] Whether a particular incident is incurably prejudicial is by its nature a speculative matter, and the trial court is vested with considerable discretion in ruling on mistrial motions.' " [Citation.] (People v. Jenkins (2000) 22 Cal.4th 900, 985-986.) A mistrial motion should be granted if the trial court determines a party's chances of receiving a fair trial have been irreparably damaged. (People v. Welch (1999) 20 Cal.4th 701, 749.)
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