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La. Code Crim. Proc. art. 771

Admonition

activein force · 2026-09-15 – presentact-effective-date

In the following cases, upon the request of the defendant or the state, the court shall promptly admonish the jury to disregard a remark or comment made during the trial, or in argument within the hearing of the jury, when the remark is irrelevant or immaterial and of such a nature that it might create prejudice against the defendant, or the state, in the mind of the jury:

(1) When the remark or comment is made by the judge, the district attorney, or a court official, and the remark is not within the scope of Article 770; or

(2) When the remark or comment is made by a witness or person other than the judge, district attorney, or a court official, regardless of whether the remark or comment is within the scope of Article 770.

In such cases, on motion of the defendant, the court may grant a mistrial if it is satisfied that an admonition is not sufficient to assure the defendant a fair trial.

Provenance

Source
legis.la.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
49b80c651e2fff8c9e03be0abd96e769e74c4a26d1fe0f028a2c0e24fa93e4d9
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