How do we review for abuse of abuse of power when a juror is dismissed after deliberations have begun?

MultiRegion, United States of America

The following excerpt is from United States v. Christensen, 828 F.3d 763 (9th Cir. 2015):

We review for abuse of discretion both the dismissal of a juror after deliberations have commenced and the denial of a motion for a new trial based on such a dismissal. United States v. Vartanian , 476 F.3d 1095, 1098 (9th Cir. 2007) ; United States v. King , 660 F.3d 1071, 1076 (9th Cir. 2011). The district court's factual findings relating to the issue of juror misconduct are reviewed for clear error. Vartanian , 476 F.3d at 1098. The decision to excuse a juror is committed to the district court's discretion and we must affirm unless we are left with the definite and firm conviction that the court committed a clear error of judgment in reaching its conclusion after weighing the relevant factors. United States v. Beard , 161 F.3d 1190, 1194 (9th Cir. 1998) (quoting United States v. Egbuniwe , 969 F.2d 757, 761 (9th Cir. 1992) (internal quotation marks omitted)).

Other Questions


How do we review the dismissal of a juror after deliberations have begun? (MultiRegion, United States of America)
Does abuse of review apply in cases involving abuse of abuse of power? (MultiRegion, United States of America)
Can a juror be dismissed during deliberations for abuse of power? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
Is the district court's formulation of jury instructions for an abuse of the instructions for the abuse of abuse of power a sufficient or inadequate statement to guide deliberations? (MultiRegion, United States of America)
What is the test for review for abuse of the abuse of judicial review? (MultiRegion, United States of America)
Is a court's decision to grant or deny costs for abuse of abuse of power or abuse of funds to a school? (MultiRegion, United States of America)
Is the standard of review for applying the Guidelines for Application of the Guidelines "de novo or abuse of abuse of power"? (MultiRegion, United States of America)
Is a court's ruling on prosecutorial comments to which the defense objected at trial reviewed for abuse of abuse of power? (MultiRegion, United States of America)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.