California, United States of America
The following excerpt is from People v. Chea Chang, B230281 (Cal. App. 2012):
"'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. Wallace (2008) 44 Cal.4th 1032, 1068.) Thus, "In reviewing rulings on motions for mistrial, we apply the deferential abuse of discretion standard." (Ibid.)
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.