What is the test for a motion for a mistrial in a personal injury case?
California, United States of America
The following excerpt is from People v. Molano, 249 Cal.Rptr.3d 1, 443 P.3d 856, 7 Cal.5th 620 (Cal. 2019):
fair trial despite admonitions from the court. ( People v. Dement (2011) 53 Cal.4th 1, 3940, 133 Cal.Rptr.3d 496, 264 P.3d 292 ( Dement ).) " "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.] A motion for a mistrial should be granted when " "a [defendant's] chances of receiving a fair trial have been irreparably damaged." " " ( Ibid . )
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