What is the test for a motion for a mistrial for abuse of abuse of power?

MultiRegion, United States of America

The following excerpt is from U.S. v. Wongphaisankiat, 918 F.2d 181 (9th Cir. 1990):

This court reviews the district court's denial of a motion for a mistrial for abuse of discretion. United States v. Charmley, 764 F.2d 675, 677 (9th Cir.1985). "Where evidence heard by the jury is later ruled inadmissible, a cautionary instruction is ordinarily sufficient to cure any alleged prejudice to the defendant. Declaring a mistrial is appropriate only where a cautionary instruction is unlikely to cure the prejudicial effect of an error." Id. (citation omitted). The court "must weigh the forcefulness of the instruction and the conviction with which it was given against the degree of prejudice generated by the evidence. In fixing the degree of prejudice, the probative force of the inadmissible evidence must be compared with that of the admissible evidence which supports the verdict." United States v. Johnson, 618 F.2d 60, 62 (9th Cir.1980) (citations omitted).

Here, the district court gave a long instruction to the

Page 181

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