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
The following excerpt is from People v. Simon, E050821 (Cal. App. 2011):
In reviewing a motion for new trial based on juror misconduct, we accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence. (People v. Nesler (1997) 16 Cal.4th 561, 582.) Whether prejudice arose from juror misconduct is a mixed question of law and fact subject to independent review. (Id. at pp. 582-583.)
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