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Mistrial Archives

Denial of Mistrial Affirmed for Witness Reference to Polygraph

A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an evidentiary error can be corrected with some alternative remedy or instruction, and the trial can continue. In the recent Tennessee case of State v. Wooten, M2012-00366-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), the Court of Criminal Appeals affirmed the denial of a mistrial when a State's witness testified that she asked the Defendant to take a polygraph examination.

Denial of Mistrial Affirmed for Witness Reference to Polygraph

A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an evidentiary error can be corrected with some alternative remedy or instruction, and the trial can continue. In the recent Tennessee case of State v. Wooten, M2012-00366-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), the Court of Criminal Appeals affirmed the denial of a mistrial when a State's witness testified that she asked the Defendant to take a polygraph examination.

Denial of Mistrial Affirmed for Witness Reference to Polygraph

A mistrial may be declared in a criminal trial when the trial cannot continue without a miscarriage of justice. The decision of whether to declare a mistrial is discretionary with the trial court. Mistrials due to evidentiary errors at trial are rare, as often an evidentiary error can be corrected with some alternative remedy or instruction, and the trial can continue. In the recent Tennessee case of State v. Wooten, M2012-00366-CCA-R3-CD (Tenn.Crim.App. 8-6-2013), the Court of Criminal Appeals affirmed the denial of a mistrial when a State's witness testified that she asked the Defendant to take a polygraph examination.

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