Does the delay in seeking juror information from the trial attorney's delay in obtaining the juror's information constitute inadequate assistance of counsel?

California, United States of America


The following excerpt is from People v. Thompson, E063396 (Cal. App. 2016):

4. Defendant has not argued on appeal that he received inadequate assistance of counsel based on his trial attorney's delay in seeking juror information. Nevertheless, to forestall any such claim on habeas, we note briefly that the motion was also properly denied on the merits. Evidence of jurors' mental processes in reaching their verdict is generally inadmissible. (Evid. Code, 1150.) Evidence that a juror may have, after trial, considered a matter not properly considered under the jury's instructions, or in a manner not strictly in accordance with the jury's instructions, falls well within this general rule. (See People v. Johnson (2013) 222 Cal.App.4th 486, 490-491, 494-495 [finding evidence of statement by juror after trial, questioning why defendant had not taken the stand in his own defense, to be "entirely irrelevant"].)

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