Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial?
California, United States of America
The following excerpt is from People v. Del Toro, B238494 (Cal. App. 2014):
The trial court did not abuse its discretion in denying the motion for a new trial. It is impossible for every jury to be sterile and free from any external factors. (People v. Riel (2000) 22 Cal.4th 1153, 1219.) "Not all comments by all jurors at all times will be logical, or even rational, or, strictly speaking, correct. But comments cannot impeach a unanimous verdict; a jury verdict is not so fragile." (Ibid.) No indication exists that the
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