Topic: we will not reverse a military judge's determination on a m… · Go Syfert
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Topic #27892

3 canonical passages across 2 cases, quoted by 14 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 United States v. Ashby.

#Case FlagCanonical passage Citers
1 United States v. Ashby Anchor
armfor · 2009
green “we will not reverse a military judge's determination on a mistrial absent clear evidence of an abuse of discretion.” 6
2 United States v. Ashby
armfor · 2009
green “because of the extraordinary nature of a mistrial, military judges should explore the option of taking other remedial action, such as giving curative instructions.” 5
3 United States v. Diaz
armfor · 2003
green “a curative instruction is the preferred remedy, and the granting of a mistrial is an extreme remedy which should only be done when 'inadmissible matters so prejudicial that a curative instruction would be inadequate are brought to the attention of the members.” 3

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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