What is the test for abuse of denial of a motion for mistrial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Garcia, 2 F.3d 1158 (9th Cir. 1993):
We review for an abuse of discretion the denial of a motion for mistrial. United States v. Segal, 852 F.2d 1152, 1155 (9th Cir.1988). To warrant reversal, it must appear that improper conduct by the trial court, measured by the entire circumstances of the case, clearly prejudiced the defense. See United States v. Eldred, 588 F.2d 746, 750 (9th Cir.1978).
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