What is the test for denying a motion for a mistrial based on prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Morgavo-Chasteen, 2d Crim. No. B296360 (Cal. App. 2020):

"'[T]he trial court is vested with considerable discretion in ruling on mistrial motions.' [Citation.]" (People v. Williams (2006) 40 Cal.4th 287, 323 [upholding denial of mistrial based on prosecutorial misconduct].) A mistrial should be granted "'only when a party's chances of receiving a fair trial have been irreparably damaged.'" (Ibid.) We review an order denying a mistrial for abuse of discretion. (Ibid.) The trial court here properly exercised its discretion to deny a mistrial.

Because sentencing decisions are generally "irrelevant to the jury's task," "it is unnecessary, and unwise, to concern them with the ramifications of their verdict," such as the effects of the three strikes law. (People v. Cardenas (1997) 53 Cal.App.4th 240, 247-248.)

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