What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Roberson, G052333 (Cal. App. 2017):
opportunity to observe the jury during its selection, during opening statements, and throughout whatever evidence the jury had been exposed to when the mistrial motion was made. "Whether a particular incident is incurably prejudicial requires a nuanced, fact-based analysis. The trial court is entrusted with broad discretion in ruling on mistrial motions." (People v. Chatman (2006) 38 Cal.4th 344, 369-370.)
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