What is the test for a motion for a mistrial under the deferential abuse of discretion standard?
California, United States of America
The following excerpt is from People v. Kinloch, D068564 (Cal. App. 2016):
"We review the denial of a motion for mistrial under the deferential abuse of discretion standard." (People v. Cox (2003) 30 Cal.4th 916, 953, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22.)
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A mistrial should be granted if the trial court is apprised of prejudice it judges to be incurable by admonition or instruction. (People v. Jenkins (2000) 22 Cal.4th 900, 985-986.) However, " '[w]hether a particular incident is incurably prejudicial is by its nature a speculative matter, and the trial court is vested with considerable discretion in ruling on mistrial motions.' " (Id. at p. 986.)
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