How have courts dealt with the issue of a hold-out juror's allegation of misconduct?

California, United States of America


The following excerpt is from People v. Amio, B249694 (Cal. App. 2015):

This matter is very different from People v. Castorena (1996) 47 Cal.App.4th 1051, a case relied upon by Appellants. There, one juror was accused of not deliberating by a group of other jurors. However, she contended it was just an excuse for them to push her out because the jury was deadlocked 11-1 on the matter. The trial court refused to conduct a hearing regarding the hold-out juror's allegations. The appellate court found this to be an abuse of discretion. (Id. at p. 1066.) There was a dispute as to what actually happened, necessitating an evidentiary hearing. (Id. at pp. 1064-1066.) Here, an evidentiary hearing was conducted and the trial court made its findings, which we accept.

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