How is a denial of a motion for a mistrial reviewed for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Valenzuela, 17 F.3d 397 (9th Cir. 1994):
The denial of a motion for a mistrial based on improper prosecutorial remarks is reviewed for abuse of discretion. United States v. Monks, 774 F.2d 945, 954-55 (9th Cir.1985); United States v. Charmley, 764 F.2d 675, 677 & n. 1 (9th Cir.1985). The reviewing court determines whether it was more probable than not that the improper remarks materially affected the fairness of the trial. United States v. Polizzi, 801 F.2d 1543, 1558 (9th Cir.1986).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
What is the standard of review attending a denial of a motion for mistrial for abuse of discretion? (MultiRegion, United States of America)
Does a denial of a motion for compassionate release for abuse of discretion incorporate de novo review with respect to questions of interpretation? (MultiRegion, United States of America)
Is a motion denying a motion for reconsideration itself reviewed for abuse of discretion? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
Does a denial of a motion to appoint counsel for abuse of discretion apply to the motion itself? (MultiRegion, United States of America)
Can a motion for mistrial be reviewed for abuse of discretion? (MultiRegion, United States of America)
Is a motion for mistrial reviewed for abuse of discretion? (MultiRegion, United States of America)
Is a motion for a mistrial reviewed for abuse of discretion? (MultiRegion, United States of America)
