What is a motion for mistrial in a court-martial?

A motion for mistrial in a court-martial is a legal action made by a defendant in a court-martial which claims that the trial is not being done fairly and that a new trial needs to be held due to errors or misconduct on the part of the court. The motion can be made at any stage of the trial proceedings, including during the selection of the panel, during direct examination of witnesses, or during the closing statements of the prosecution and defense. The basis for the motion can be any number of reasons ranging from evidence that may have been improperly admitted, improper jury instructions by the judge, or misconduct by the judge or lawyers. If the motion is granted, the court-martial proceedings are terminated and the entire court-martial is usually re-started from the beginning. The motion for mistrial is an important means for defendants to ensure that their rights are not violated during the proceedings and that the fairness of the court-martial is upheld. In Washington, motions for mistrial can be granted if the court finds that prejudicial or inadmissible evidence was introduced, or if there were other errors made during the court-martial proceedings.

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