What is the test for a motion for mistrial in a murder case?
California, United States of America
The following excerpt is from People v. Motton, 160 Cal.App.3d 159, 206 Cal.Rptr. 504 (Cal. App. 1984):
On appeal from a judgment of conviction for second degree murder, appellant contends that the trial court erred in denying his motions for mistrial pursuant to People v. Wheeler (1978) 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748. We disagree and affirm the judgment. 1
I. The Facts
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is there a "rare" case where the merits of a mistrial motion were so clear that counsel's failure to make the motion would amount to ineffective assistance? (California, United States of America)
Does the fact that a defendant in the first-degree murder case was convicted of second degree murder have any bearing in determining the outcome of the trial? (California, United States of America)
Is a motion to sever charges properly joined in a murder case? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law that supports the argument that a murder by torture by torture is not murder by means of physical evidence? (California, United States of America)
What is the test for a motion for mistrial in a personal injury case? (California, United States of America)
