Motion for a Mistrial Outside the Defendant's Presence
In People v. Jackson (1980) 28 Cal.3d 264, 309-310, defense counsel moved for a mistrial outside the defendant's presence.
On appeal, the defendant argued the trial court erred in holding the mistrial hearing outside his presence. the Supreme Court rejected the argument, reasoning:
"In the present case . . . the hearing at issue concerned a question of law regarding the admission of evidence, specifically, the necessity of ordering a mistrial by reason of the admission of Mikles' testimony. Because the testimony at issue had already been placed in evidence in defendant's presence, it is difficult to conceive of any substantial reason why defendant's continued presence would have been of any aid to his counsel in presenting the mistrial motion. . . .The Court conclude that defendant's presence at the mistrial hearing was not required in order to protect defendant's interests, to assure him a fair and impartial trial, or to assist counsel in the defense of the case." ( Jackson, supra, 28 Cal.3d at pp. 308-310.)