What is the test for a motion for mistrial based on alleged prosecutorial misconduct for abuse of discretion?
California, United States of America
The following excerpt is from People v. Kenniston, D063901 (Cal. App. 2014):
We review the court's ruling on a motion for mistrial based on alleged prosecutorial misconduct for an abuse of discretion. (People v. Ayala (2000) 23 Cal.4th 225, 283.) "A motion for mistrial is directed to the sound discretion of the trial court. We have explained that '[a] mistrial should be granted if the court is apprised of prejudice that it judges incurable by admonition or instruction. [Citation.] Whether a particular
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