How close is a jury's inability to reach a verdict on one of the 11 charges?

California, United States of America


The following excerpt is from People v. Poletti, H040412 (Cal. App. 2015):

We acknowledge that the jury deliberated for more than three days and hung on nine of 11 charges. (People v. Cardenas (1982) 31 Cal.3d 897, 907 [jury deliberations of 12 hours indicated the closeness of case]; People v. Brown (1993) 17 Cal.App.4th 1389, 1398 [jury's inability to reach a verdict on one of the two counts showed closeness of case].) And, as noted, the jury had to credit victim's testimony as to the use of force to convict defendant of counts 8 and 10. Nevertheless, given the pretext call's strong corroboration of the other elements of those counts, the other evidence available to defendant to undermine victim's credibility, and the slight probative value of the acquittals, we cannot say it is reasonably probable the jury would have reached an outcome more favorable to defendant had it learned of the acquittals.

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