Can a jury be found to have improperly voted in a sexual assault case?
California, United States of America
The following excerpt is from People v. Esquivel, B269545 (Cal. App. 2019):
Esquivel contends the trial court erred in failing to conduct an inquiry into possible juror misconduct. "'An accused has a constitutional right to a trial by an impartial jury. [Citations.] An impartial jury is one in which no member has been improperly influenced [citations] and every member is "'capable and willing to decide the case solely on the evidence before it.'"'" (People v. Hensley (2014) 59 Cal.4th 788, 824.)
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