Does the trial court err in refusing to provide the juror addresses and telephone numbers?

California, United States of America


The following excerpt is from People v. Box, 23 Cal.4th 1153, 5 P.3d 130, 99 Cal.Rptr.2d 69 (Cal. 2000):

Nor did the trial court err in declining to provide the juror addresses and telephone numbers. This case was tried in 1990, prior to the enactment of Code of Civil Procedure section 237. At that time, defense counsel was entitled to jurors' addresses and telephone numbers "if the defendant sets forth a sufficient showing to support a reasonable belief that jury misconduct occurred, that diligent efforts were made to contact the jurors through other means, and that further investigation is necessary to provide the court with adequate information to rule on a motion for new trial." (People v. Rhodes (1989) 212 Cal.App.3d 541, 552, 261 Cal.Rptr. 1, cited with approval in Townsel v. Superior Court (1999) 20 Cal.4th 1084, 1093-1094, 86 Cal.Rptr.2d 602, 979 P.2d 963.) Here, prior to January 18, defense counsel did not contact those jurors whose addresses and telephone numbers they had independently obtained, or attempt to ascertain whether identical names in the telephone book were those of jurors.

[5 P.3d 120]

Moreover, for the reasons that the trial court was not required to hold an evidentiary hearing, the trial court expressly and reasonably found nothing either prejudicial or that suggested investigation would find anything prejudicial. The court acted within its discretion in denying the request.

[5 P.3d 120]

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