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U.S. v. Atilla

Mistrial Not Warranted Where Court Directed Question Struck From Record, Not Answered

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DECISION AND ORDER

*1 Having reviewed the record herein, including, without limitation: (1) the defense letter, dated December 20, 2017 (“Defense Letter”), seeking a mistrial based upon an unanswered question asked of the Defendant, Mehmet Hakan Atilla, by an Assistant United States Attorney during cross-examination, Defense Letter at 1; and (2) the government letter, dated December 20, 2017 (“Government Letter”), opposing the motion, Government Letter at 1; and having reviewed the relevant legal authorities, the Court respectfully denies the defense application.1The question posed by this motion is whether a single unanswered question on cross-examination which was itself stricken from the record by the Court after the Court directed the witness not to answer results in a mistrial. See 12/19/17 Tr. at 2208:20-21, 2223:8-11. While that may be an appropriate outcome in some cases, under the circumstances presented here a mistrial is manifestly inappropriate and unnecessary, as follows:1. “[A] trial court should avoid granting a mistrial whenever possible, unless there is a clear manifest necessity.” Rink v. United States, 388 A.2d 52, 58 n.9. (D.C. 1978); see also 23A C.J.S. Criminal Procedure and Rights of Accused §1932 (“A mistrial is a severe, dramatic, extreme, and drastic remedy to be employed only in limited, extreme, and rare circumstances. A mistrial is not favored and is required only when there is a manifest necessity for a mistrial, or manifest

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