What is the test for denying a motion for a mistrial on the grounds of misconduct?

California, United States of America


The following excerpt is from People v. Harris, F065104 (Cal. App. 2014):

Under the circumstances, we conclude that, assuming misconduct occurred, it did not prejudice defendant. The incident was simply not significant in the context of the trial as a whole. (See People v. Bolden (2002) 29 Cal.4th 515, 555.) It follows the trial court did not abuse its discretion by denying defendant's motion for mistrial, as such a motion should be granted only when the trial court determines a party's chances of receiving a fair trial have been irreparably damaged. (Ibid.)

Other Questions


What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
In what circumstances will a motion for a new trial be denied on the grounds of juror misconduct? (California, United States of America)
Does the Attorney General have any grounds to deny a motion for a mistrial? (California, United States of America)
What is the test for a motion denying an order denying a section 1016.5 motion for an abuse of discretion? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
In what circumstances will a prosecutor be found to have committed misconduct in denying a motion for a mistrial? (California, United States of America)
Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
Can a motion to deny a motion for judicial review be granted after a writ of appeal has been denied? (California, United States of America)
Can a motion to dismiss be dismissed on the grounds that the motion is invalid on other grounds? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.