mistrial is reversible error in Georgia

2023A trial court has broad discretion in ruling on a motion for mistrial, “and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation omitted.) McKibbins v. State, 293 Ga. 843, 848 (3) (750 SE2d 314) (2013).

2023A trial court has broad discretion in ruling on a motion for mistrial, “and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation omitted.) McKibbins v. State, 293 Ga. 843, 848 (3) (750 SE2d 314) (2013).

2020“Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation omitted.) Coleman v. State, 301 Ga. 720, 722 (3) ( 804 SE2d 24 ) (2017).

2020“Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation omitted.) Coleman v. State, 301 Ga. 720, 722 (3) ( 804 SE2d 24 ) (2017).

2023See also Gaines v. State, 339 Ga. App. 527, 529 (2) ( 792 SE2d 466 ) (2016) (the denial of a mistrial is reversible error only if it appears that a “mistrial was essential to preserve the defendant’s right to a fair trial”) (footnote omitted)).

2023See also Gaines v. State, 339 Ga. App. 527, 529 (2) ( 792 SE2d 466 ) (2016) (the denial of a mistrial is reversible error only if it appears that a “mistrial was essential to preserve the defendant’s right to a fair trial”) (footnote omitted)).

2017Rivers v. State, 296 Ga. 396, 402 (6) ( 768 SE2d 486 ) (2015); McKibbins v. State, 293 Ga. 843, 848 (3) ( 750 SE2d 314 ) (2013). “[T]he denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” McKibbins, 293 Ga. at 848 (3) (citation and punctuation omitted).

2017Rivers v. State, 296 Ga. 396, 402 (6) ( 768 SE2d 486 ) (2015); McKibbins v. State, 293 Ga. 843, 848 (3) ( 750 SE2d 314 ) (2013). “[T]he denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” McKibbins, 293 Ga. at 848 (3) (citation and punctuation omitted).

2019"Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant's right to a fair trial." (Citation omitted.) Dorsey v. State , 331 Ga. App. 486 , 491 (4), 771 S.E.2d 167 (2015).

2019"Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant's right to a fair trial." (Citation omitted.) Dorsey v. State , 331 Ga. App. 486 , 491 (4), 771 S.E.2d 167 (2015).

2018"Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant's right to a fair trial." Wilson v. State , 295 Ga. 84 , 88 (3), 757 S.E.2d 825 (2014) (citation and punctuation omitted).

2018"Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant's right to a fair trial." Wilson v. State , 295 Ga. 84 , 88 (3), 757 S.E.2d 825 (2014) (citation and punctuation omitted).

2018In arguing that a mistrial should have been granted, McKissic relies on Mallory v. State , 261 Ga. 625 , 409 S.E.2d 839 (1991), *687 overruled on other grounds as recognized in Clark v. State , 271 Ga. 6 , 10, 515 S.E.2d 155 (1999).

2018In arguing that a mistrial should have been granted, McKissic relies on Mallory v. State , 261 Ga. 625 , 409 S.E.2d 839 (1991), *687 overruled on other grounds as recognized in Clark v. State , 271 Ga. 6 , 10, 515 S.E.2d 155 (1999).

2023The continuing witness rule prohibits testimonial writings, such as written interrogatories and signed statements of guilt, “from going out with the jury when the evidentiary value of such writings depends upon the credibility of the maker” and contain “their makers’ assertions of purported truths[.]” (Footnotes omitted.) Bryant v. State, 270 Ga. 266, 270-271 (3) ( 507 SE2d 451 ) (1998).

2023The continuing witness rule prohibits testimonial writings, such as written interrogatories and signed statements of guilt, “from going out with the jury when the evidentiary value of such writings depends upon the credibility of the maker” and contain “their makers’ assertions of purported truths[.]” (Footnotes omitted.) Bryant v. State, 270 Ga. 266, 270-271 (3) ( 507 SE2d 451 ) (1998).

2021However, it is just as settled that “where a defendant objects and moves for mistrial and the trial court denies the motion but takes some corrective action, if the defendant is dissatisfied with that action, he must renew the objection or motion.” (Citation and punctuation omitted.) Id.; see also Redding v. State, 354 Ga. 9 App. 525, 536 (4) ( 841 SE2d 192 ) (2020); Pickard v. State, 257 Ga. App. 642, 644 (2) ( 572 SE2d 660 ) (2002).7 In this case, despite his initial motion for a mistrial, Vazquez’s counsel participated in drafting the curative instruction which the trial court ultimately de

2021However, it is just as settled that “where a defendant objects and moves for mistrial and the trial court denies the motion but takes some corrective action, if the defendant is dissatisfied with that action, he must renew the objection or motion.” (Citation and punctuation omitted.) Id.; see also Redding v. State, 354 Ga. 9 App. 525, 536 (4) ( 841 SE2d 192 ) (2020); Pickard v. State, 257 Ga. App. 642, 644 (2) ( 572 SE2d 660 ) (2002).7 In this case, despite his initial motion for a mistrial, Vazquez’s counsel participated in drafting the curative instruction which the trial court ultimately de

2020“Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.” (Citation and punctuation omitted.) Battle v. State, 305 Ga. 268, 276 (3) ( 824 SE2d 335 ) (2019).

2020Where there was nothing tangible for the State to produce during discovery, there “[is] no discovery violation that would warrant any sanction, including a mistrial.” Lewis v. State, 293 Ga. 110, 114 (2) (b) ( 744 SE2d 21 ) (2013).

2020Where there was nothing tangible for the State to produce during discovery, there “[is] no discovery violation that would warrant any sanction, including a mistrial.” Lewis v. State, 293 Ga. 110, 114 (2) (b) ( 744 SE2d 21 ) (2013).

2020As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.6 5 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 6 Rankin v. State, 278 Ga. 704, 705 ( 606 SE2d 269 ) (2004). 3 In addition, “[w]hether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.”7 With these guiding principles in mind, we turn now to Joh

2020As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, we must uphold the jury’s verdict.6 5 443 U. S. 307 ( 99 SCt 2781 , 61 LE2d 560) (1979). 6 Rankin v. State, 278 Ga. 704, 705 ( 606 SE2d 269 ) (2004). 3 In addition, “[w]hether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that a mistrial was essential to preserve the defendant’s right to a fair trial.”7 With these guiding principles in mind, we turn now to Joh

2020“Furthermore, it is fundamental that harm as well as error must be shown for reversal based on an alleged improper comment made by a prosecutor during closing argument.” (Citation and punctuation omitted.) Hammill v. State, 327 Ga. App. 580, 588-589 (4) ( 758 SE2d 336 ) (2014).

2019See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in the denial of a motion for mistrial after improper statement by prosecutor, “especially because the trial court promptly admonished the prosecuting attorney and told the jury to disregard the statement”); Hoerner v. State, 246 Ga. 374, 375 (4) ( 271 SE2d 458 ) (1980) (denial of motion for mistrial based on prosecutor’s statement that he personally believed the defendant had planned and directed the armed robbery and murder was not abuse of discretion, as the court instructed the jury to disregar

2019See McKibbins v. State, 293 Ga. 843, 850 (3) (c) ( 750 SE2d 314 ) (2013) (no abuse of discretion in the denial of a motion for mistrial after improper statement by prosecutor, “especially because the trial court promptly admonished the prosecuting attorney and told the jury to disregard the statement”); Hoerner v. State, 246 Ga. 374, 375 (4) ( 271 SE2d 458 ) (1980) (denial of motion for mistrial based on prosecutor’s statement that he personally believed the defendant had planned and directed the armed robbery and murder was not abuse of discretion, as the court instructed the jury to disregar

2013Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that “a mistrial [was] essential to preserve the defendant’s right to a fair trial.” Watson v. State, 289 Ga. 39, 42 (7) ( 709 SE2d 2 ) (2011) (citation and punctuation omitted).

2013Whether to declare a mistrial is a question committed to the discretion of the trial judge, and the denial of a mistrial is reversible error only if it appears that “a mistrial [was] essential to preserve the defendant’s right to a fair trial.” Watson v. State, 289 Ga. 39, 42 (7) ( 709 SE2d 2 ) (2011) (citation and punctuation omitted).