What is the test for a motion for mistrial?

California, United States of America


The following excerpt is from People v. WALLACE, 189 P.3d 911, 44 Cal.4th 1032, 81 Cal.Rptr.3d 651 (Cal. 2009):

In reviewing rulings on motions for mistrial, we apply the deferential abuse of discretion standard. ( People v. McLain (1988) 46 Cal.3d 97, 113, 249 Cal.Rptr. 630, 757 P.2d 569.) 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. Haskett (1982) 30 Cal.3d 841, 854, 180 Cal.Rptr. 640, 640 P.2d 776.)

Other Questions


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)
Is there a "rare" case where the merits of a mistrial motion were so clear that counsel's failure to make the motion would amount to ineffective assistance? (California, United States of America)
Can a motion to amend or renew the terms of a previous motion be considered as a renewal or amendment to the first motion? (California, United States of America)
Is a motion to suppress a motion where a judge denied the motion prejudicial? (California, United States of America)
What is the test for affirming a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for sustaining a motion to amend a motion where the motion is sustained without leave to amend? (California, United States of America)
What is the test for a motion to dismiss a motion for a retrial after a mistrial? (California, United States of America)
What is the burden of proof for a motion to dismiss a motion where the motion is to be heard at a different venue? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
What is the test for a motion to amend a motion where a plaintiff has been found to have suffered from a defect in their 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.