California, United States of America
The following excerpt is from People v. Rodriguez, F068072 (Cal. App. 2015):
A mistrial, which "terminat[es] the trial prior to resolution by the jury" (People v. Batts (2003) 30 Cal.4th 660, 679), "should be granted if the court is apprised of prejudice that it judges incurable by admonition or instruction" (People v. Haskett (1982) 30 Cal.3d
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841, 854). "Whether a particular incident is incurably prejudicial requires a nuanced, fact-based analysis." (People v. Chatman (2006) 38 Cal.4th 344, 369-370; see, e.g., People v. Collins (2010) 49 Cal.4th 175, 196-199 [the trial court did not erroneously deny a mistrial motion when it concluded that any prejudice resulting from a witness's brief and ambiguous remarks about the defendant's prior incarceration could be cured by a limiting instruction].)
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