Can a Witness’s Exclamatory Outbursts During Trial Testimony Warrant a Mistrial?

October 26, 2021

State v. Sullivan Appellate Docket No.: A-1675-18 Decided October 22, 2021 Submitted by New Jersey New Jersey Criminal Lawyer, Jeffrey Hark In a recent unpublished opinion, the Appellate Division of New Jersey reviewed whether a witness’s exclamatory outbursts during trial testimony warranted a mistrial, despite the Judge issuing limiting instructions immediately. In State v. Sullivan, Ryan…

The Prejudicial Straw That Broke The Camel’s Back: State vs. Rivera, October 12, 2014

October 15, 2014

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Prejudicial Events Leading to Mistrial in Criminal Case In trials the defense will fight to suppress evidence that is prejudicial or object to behavior or words from the prosecutor that may prevent their client from receiving a fair trial. Sometimes these single events are so prejudicial or…