What is the test for a motion for a mistrial under the abuse of discretion standard?
California, United States of America
The following excerpt is from People v. Ladelle, D069929 (Cal. App. 2016):
We review a decision to grant or deny a motion for mistrial under the abuse of discretion standard. We will only overturn such decision where the record demonstrates a clear abuse of that discretion. (People v. Maury (2003) 30 Cal.4th 342, 434; People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)
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