What constitutes misconduct on the part of a spectator for the purposes of a motion for a mistrial?

California, United States of America


The following excerpt is from People v. Spain, 154 Cal.App.3d 845, 201 Cal.Rptr. 555 (Cal. App. 1984):

We agree "that misconduct on the part of a spectator constitutes ground for a mistrial if the misconduct is of such character as to prejudice the defendant or influence the verdict. The trial court, however, has a large measure of discretion in determining whether the conduct of a spectator is of such nature as to produce prejudice. A motion for a mistrial may properly be refused where the court is satisfied that no injustice has resulted or will result from the events of which the complaint ensues." (People v. Slocum (1975) 52 Cal.App.3d 867, 884, 125 Cal.Rptr. 442.)

The trial court specifically found that "if anyone were coordinating the testimony he or she has failed completely, ..."

Page 559

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