What is a motion for a mistrial?

A motion for a mistrial is a request made during a trial in California that a judge grant a new trial for legal reasons. When a mistrial is granted, the current case is rendered null, and any decisions and rulings from the trial are invalidated. A mistrial can be granted for a variety of reasons including prejudicial evidence, improper jury instructions, and misconduct from either the defense or prosecution. A mistrial can also be requested if new evidence is uncovered that was not available during the trial. In this case, the defendant can make a motion for a mistrial to allow their case to be reexamined with the new evidence. This can be especially helpful if the new evidence could potentially exonerate the defendant. There are certain guidelines that must be met before a motion for a mistrial can be granted. The motion must be timely, meaning it must be presented during or immediately after the trial, and the motion must specify clear grounds. Additionally, the motion must demonstrate an actual harm, or demonstrate that the defendant would suffer a substantial disadvantage without a mistrial. If these criteria are met, the judge can grant a mistrial.

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