Does the trial court have a duty to investigate an allegation of juror misconduct?
California, United States of America
The following excerpt is from People v. Puterbaugh, F068625 (Cal. App. 2016):
Second, we conclude the trial court was not required to conduct an investigation upon receipt of the first communication, nor was it required to hold an evidentiary hearing on the misconduct issue. "Whether and how to investigate an allegation of juror misconduct falls within the court's discretion. [Citation.]" (People v. Allen (2011) 53 Cal.4th 60, 69.) During trial, a duty to investigate arises "'whenever the court is put on
Page 19
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a juror's failure to object at trial affect their claim that the court failed to properly investigate juror misconduct? (California, United States of America)
Is there an obligation of the trial court to investigate any alleged juror misconduct? (California, United States of America)
What are the cumulative effect of the trial court's alleged omissions by trial counsel and alleged deficiencies in the evidentiary evidence? (California, United States of America)
Is a trial court's failure to question each juror privately regarding a juror misconduct claim an issue of abuse of power not one of constitutional significance? (California, United States of America)
Does the trial court abuse its position in refusing to conduct an evidentiary hearing on the defense allegations of jury misconduct or in failing to compel jurors to testify? (California, United States of America)
What is the test for a motion to overturn a decision by a trial court to deny a new trial for juror misconduct? (California, United States of America)
In reviewing a motion for a new trial based on juror misconduct based on Juror misconduct, what is the effect of the finding on the credibility of the jury? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
