Herrick v. Johnson

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to “express an opinion on whether, even if the right [to counsel] had not attached, the * * * testimony was nonetheless impermissible”
• in reviewing the denial of a motion for mistrial, attaching “little significance to defendant’s decision not to propose a curative instruction”
• “We will not find the denial of a mistrial to be an abuse of discretion unless the defendant was denied a fair trial.”
• in reviewing the denial of a motion for mistrial, attaching “little significance to defendant’s decision not to propose a curative instruction”
• “[I]t is the court, not defendant, that must decide whether to grant the motion, to cure the effect of inappropriate conduct or testimony by giving a proper instruction instead, or to do nothing at all.” (Internal quotation marks omitted.)
• “[I]t is the court, not defendant, that must decide whether to grant the motion, to cure the effect of inappropriate conduct or testimony by giving a proper instruction instead, or to do nothing at all.” (Internal quotation marks omitted.)

Source: CourtListener parenthetical corpus (CC0).