California, United States of America
The following excerpt is from People v. Green, E065658 (Cal. App. 2017):
Reversal is required for failure to disclose evidence only if " ' "there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." ' " (People v. Salazar (2005) 35 Cal.4th 1031, 1042.)
" 'Denial of a motion for a mistrial is reviewed for abuse of discretion and should be granted " 'only when a party's chances of receiving a fair trial have been irreparably damaged.' " ' [Citation.] ' " '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.' " ' " (People v. Tatum (2016) 4 Cal.App.5th 1125, 1130.)
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