We find the trial court properly exercised its discretion in deciding to give a curative instruction rather than granting Ferguson’s motion for a mistrial. We additionally find the court cured any potential prejudice to Ferguson with its instruction to disregard Girlfriend’s response to the question posed by the solicitor. Here, as in Edwards, the trial court’s curative instruction was simple, and the court refrained from reiterating or emphasizing the unresponsive answer. Accordingly, we find the instruction cured any potential prejudice, and we hold the trial court properly exercised its discretion in denying Ferguson’s motion for a mistrial.
This seems like a close call. On a statment such as "you are next," if that was not supposed to come in, I don't see how a curative instruction does any good at all. There is no way to put the genie back in the bottle. The court should have granted the mistrial motion.