What I mean is the judge just deprived the prosecution of a possible mistrial. The prosecution didn’t object when the question was asked and now got the instruction they asked for, so they have no ground for mistrial and have to proceed. The judge may be thinking this thing is going the defense’s way and I don’t want there to be any ground for a second trial.
Oh. Wow.
It’s up to the state to tell the judge what remedy it wants. The state was entitled to mistrial on the spot, and it did not ask for one. As you point out, this basis for mistrial is lost for good. Use it or lose it.