What is the test for a motion to declare a mistrial when a witness makes inappropriate or prejudicial remarks?
MultiRegion, United States of America
The following excerpt is from U.S. v. Martin-Gonzalez, 933 F.2d 1017 (9th Cir. 1991):
The power to declare a mistrial " 'ought to be used with the greatest caution, under urgent circumstances, and for very plain and obvious causes.' " United States v. Escalante, 637 F.2d 1197, 1202 (9th Cir.), cert. denied, 449 U.S. 856 (1980). When a witness makes inappropriate or prejudicial remarks, a mistrial should be granted only if there has been so much prejudice that a cautionary instruction is unlikely to cure the error. Id. at 1203.
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