Opinion
No. 2023-KD-00046.
01-13-2023
STATE of Louisiana v. Derrick GROVES and Kendall Barnes.
PER CURIAM.
A mistrial is a drastic remedy warranted only when an error at trial results in substantial prejudice to the defendant which effectively deprives him of a fair trial. State v. Edwards, 420 So.2d 663 (La. 1982). In the present case, the FBI agent's non-specific references to surveillance and an investigation were not so prejudicial as to effectively deny defendants a fair trial. See generally State v. Hayes, 414 So.2d 717 (La. 1982) ("Neither of the challenged comments is an unambiguous reference to crimes alleged to have been so committed."); see also State v. Walker, 593 So.2d 818, 819-820 (La. App. 4 Cir. 1992). The trial court's ruling, which declared a mistrial is reversed, and the case remanded for further proceedings.