Topic: so prejudicial and inflammatory that the defendant was plac… · Go Syfert
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Topic #14752

4 canonical passages across 3 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Mickens v. State.

#Case FlagCanonical passage Citers
1 Mickens v. State Anchor
ind · 2001
green “so prejudicial and inflammatory that the defendant was placed in a position of grave peril to which he should not have been subjected.” 8
2 McManus v. State
ind · 2004
green “the best position to gauge the surrounding circumstances of an event and its impact on the jury.” 7
3 McManus v. State
ind · 2004
green “on appeal, the trial judge's discretion in determining whether to grant a mistrial is afforded great deference because the judge is in the best position to gauge the surrounding circumstances of an event and its impact on the jury.” 7
4 James v. State
ind · 1993
green “when determining whether a mistrial is warranted, we consider whether the defendant was placed in a position of grave peril to which he should not have been subjected; the gravity of the peril is determined by the probable persuasive effect on the jury's decision.” 5

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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