Can a motion for a mistrial be denied for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from United States v. Gilliam, No. 13-1093-cr(CON), No. 13-54-cr(L), No. 13-875-cr(CON), No. 13-948-cr(CON) (2nd Cir. 2014):
We review a district court's denial of a motion for a mistrial for abuse of discretion. United States v. Rodriguez, 587 F.3d 573, 583 (2d Cir. 2009). "The decision to declare a mistrial is left to the 'sound discretion' of the judge, but 'the power ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes.'" Renico v. Lett, 559 U.S. 766, 774 (2010).
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