What is the test for denying a motion for a mistrial under the deferential abuse of discretion standard?
California, United States of America
The following excerpt is from People v. Polina, D064796 (Cal. App. 2015):
"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.) The Cox court 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 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."'" (Ibid.)
C. Analysis
1. Jury's exposure to Macias's attack on his attorney
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