If the trial court erred by failing to give an admonition or even to grant the motion for a mistrial, is the error harmless?

California, United States of America


The following excerpt is from People v. Mears, A136101 (Cal. App. 2014):

Finally, even if the trial court erred by failing to give an additional admonition or even to grant the motion for a mistrial, the error was harmless. " 'A defendant's conviction will not be reversed for prosecutorial misconduct . . . unless it is reasonably probable that a result more favorable to the defendant would have been reached without the misconduct. [Citation.]' " (People v. Tully (2012) 54 Cal.4th 952, 1010.) Under the circumstances established here no such reasonable probability exists.

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