How is the denial of a motion for a mistrial based on prosecutorial misconduct reviewed?
California, United States of America
The following excerpt is from People v. Banks, C077034 (Cal. App. 2018):
The denial of a motion for a mistrial based on prosecutorial misconduct is reviewed for an abuse of discretion. (See People v. Williams, supra, 16 Cal.4th at p. 190.) Having concluded that the prosecutor's argument did not amount to prejudicial misconduct, we likewise conclude that the trial court did not abuse its discretion in denying the motion for a mistrial.
E. Proposed Modification of CALCRIM No. 521
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