California, United States of America
The following excerpt is from People v. Cox, E059481 (Cal. App. 2015):
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.]' [Citation.] A motion for a mistrial should be granted when '"'a [defendant's] chances of receiving a fair trial have been irreparably damaged.'"'" (People v. Collins (2010) 49 Cal.4th 175, 198.)
Here, the trial court recognized the admission of the evidence it had excluded and twice admonished the jury to disregard the evidence. We presume that the jury followed the instruction. (People v. Mooc, supra, 26 Cal.4th at p. 1234.) Moreover, as set forth ante, there was no incurable prejudice as the sexual assault special circumstance was found not true, and other admissible evidence cast defendant as a "cruel" and "callous" person. The motion for mistrial was properly denied.
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