State v. Jirak

How courts have described this case

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

• explaining that “a mistrial motion must be made when the grounds therefor first become apparent.”
• explaining that “a mistrial motion must be made when the grounds therefor first become apparent.”
• noting abuse of discretion will only be “found upon the denial of a mistrial only where there is no support in the record for the trial court’s determination.”
• noting trial judges’ “considerable discretion” in ruling on motions for mistrial, “since they are present throughout the trial and are in a better position than the reviewing court to gauge the effect of the matter in question on the jury”
• “However, even if the issue of Sires’s testimony concerning Jirak’s silence had been correctly preserved, such testimony is proper and does not constitute error.”
• “Ordinarily, abuse of discretion is found upon the denial of a mistrial only where there is no support in the record for the trial court’s determination.”

Source: CourtListener parenthetical corpus (CC0).