What is the test for a motion for mistrial?
California, United States of America
The following excerpt is from People v. Brown, D075371 (Cal. App. 2020):
A trial court grants a motion for mistrial when the chances of receiving a fair trial " 'have been irreparably damaged' " (People v. Clark (2011) 52 Cal.4th 856, 990), and it judges the prejudice alleged to be insusceptible to cure through admonition or instruction.
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