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Unresponsive Testimony Mistrial

A mistrial is generally not warranted where a prosecution witness provides an unresponsive answer and there is no indication that the prosecutor conspired with or encouraged the witness to give the response or knew in advance that the witness would provide the unresponsive testimony. People v Hackney, 183 Mich App 516, 531; 455 NW2d 358 (1990); People v Taylor, 159 Mich App 468, 489; 406 NW2d 859 (1987).

Michigan Court reviews jury instructions in their entirety to determine if error requiring reversal occurred. People v Caulley, 197 Mich App 177, 184; 494 NW2d 853 (1992). The instructions must include all elements of the charged offense and must not exclude material issues, defenses and theories if there is evidence to support them." Id. Even if the instructions are somewhat imperfect, there is no error if they fairly presented the issues to be tried and sufficiently protected the rights of the defendant. Id.

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