Rule 42-44. For Prejudice to State

Upon motion of the prosecuting authority, the judicial authority may declare a mistrial if there occurs during the trial, either inside or outside the courtroom, misconduct by the defendant, counsel for the defendant, or someone acting at the request of the defendant or such counsel, which results in substantial and irreparable prejudice to the prosecuting authority's case. If there are two or more defendants, the mistrial shall not be declared as to a defendant if neither that defendant, nor counsel for that defendant, nor a person acting at the request of that defendant or counsel for that defendant participated in the misconduct, or if the prosecuting authority's case is not substantially and irreparably prejudiced as to that defendant.

Committee Notes

(P.B. 1978-1997, Sec. 888.)