State v. Freeman

Citations

• 2024 ND 66

Syllabus

A motion for mistrial is reviewed for an abuse of discretion or a manifest injustice would result. Granting a mistrial is an extreme remedy and should only be resorted to when a fundamental defect or occurrence in the trial proceedings exists that makes it evident that further proceedings would be productive of manifest injustice. Trial courts have wide discretion over the conduct of trial and the courtroom. A trial court does not abuse its discretion by granting a recess when jurors are ill or have other such emergencies. A criminal judgment entered after a jury found the defendant guilty of murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3).