Topic: the determination of whether actual prejudice has occurred,… · Go Syfert
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Topic #19843

2 canonical passages across 2 cases, quoted by 21 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 State v. Wessinger.

#Case FlagCanonical passage Citers
1 State v. Wessinger Anchor
la · 1999
green “the determination of whether actual prejudice has occurred, and thus whether a mistrial is warranted, lies within the sound discretion of the trial judge, and this decision will not be overturned on appeal absent an abuse of that discretion.” 14
2 State v. Castleberry
la · 1999
green “mistrial is an extreme remedy and, except for instances in which the mandatory mistrial provisions of la.c.cr.p. art. 770 are applicable, should only be used when substantial prejudice to the defendant is shown.” 7

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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