What is the test for a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Suarez, 10 Cal.5th 116, 267 Cal.Rptr.3d 418, 471 P.3d 509 (Cal. 2020):
" 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. " ( People v. Hines (1997) 15 Cal.4th 997, 1038, 64 Cal.Rptr.2d 594, 938 P.2d 388.)
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