In what circumstances can a defense counsel request to conduct a post-verdict investigation of juror misconduct?

California, United States of America

The following excerpt is from People v. Von Villas, 11 Cal.App.4th 175, 15 Cal.Rptr.2d 112 (Cal. App. 1992):

In People v. Perez (1992) 4 Cal.App.4th 893, 6 Cal.Rptr.2d 141, defense counsel, after the defendant's conviction by jury of assault, requested permission to conduct a post-verdict investigation of juror misconduct under [11 Cal.App.4th 259] circumstances which indicated that jurors may have discussed the defendant's failure to take the stand at trial during their deliberations. The trial court was found to have committed error by denying the defense request for funds to conduct the investigation of juror misconduct. The trial court committed additional error when it assumed "for the sake of

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Justice Weiner opined:

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