What is the test for a motion for a mistrial in a criminal case where a defendant has admitted to a prior criminal record?

California, United States of America


The following excerpt is from The People v. Mendoza, F058083, No. F09900801 (Cal. App. 2011):

"[E]xposing a jury to a defendant's prior criminality presents the possibility of prejudicing a defendant's case and rendering suspect the outcome of the trial. [Citations.] [] Whether in a given case the erroneous admission of such evidence warrants granting a mistrial or whether the error can be cured by striking the testimony and admonishing the jury rests in the sound discretion of the trial court. [Citation.] '"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. Harris (1994) 22 Cal.App.4th 1575, 1580-1581.)

Other Questions


On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
Can evidence of a prior criminal act against a defendant be admitted under section 1101 of the California Criminal Code? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Does a defendant have to provide a record of criminal convictions and a history of criminal activity with respect to criminal convictions? (California, United States of America)
What is the test for a defendant to oppose a motion to amend their criminal record to include a prior conviction? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Is a defendant's reliance upon prior criminal records relevant to his identity as a member of a criminal gang relevant? (California, United States of America)
Can the record of a criminal conviction be used to determine whether to deny a motion for a motion to overturn a denial of a motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.