What is the test for a motion for mistrial?

California, United States of America


The following excerpt is from People v. Floriano, F069235 (Cal. App. 2016):

A motion for mistrial should be granted when "'"'"'a [defendant's] chances of receiving a fair trial have been irreparably damaged.'"'"'" (People v. Harris (2013) 57 Cal.4th 804, 848.) "'"'Whether a particular incident is incurably prejudicial is by its

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