If a juror has been found to be sleeping on the jury, can a new trial be ordered?
MultiRegion, United States of America
The following excerpt is from Pullen v. Lizarraga, No. 1:16-cv-00118-DAD-JLT (HC) (E.D. Cal. 2017):
"The trial judge has considerable discretion in determining whether to hold an investigative hearing on allegations of jury misconduct and in defining its nature and extent." United States v. Barrett, 703 F.2d 1076, 1083 (9th Cir. 1983). Where a juror has been found to be sleeping, a new trial may not be required if the court determines the juror "did not miss essential portions of the trial and was able fairly to consider the evidence." Id. at 1083 n. 13.
b. Analysis
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