In what circumstances will a court delay its inquiry into allegations of misconduct until after the announcement of the verdict?

California, United States of America


The following excerpt is from People v. Prieto, 133 Cal.Rptr.2d 18, 30 Cal.4th 226, 66 P.3d 1123 (Cal. 2003):

In this case, the court acted well within its discretion in delaying its inquiry until after the announcement of the verdict. When defendant alerted the court to the alleged misconduct, the court was just about to receive the verdict from the jury. At that time, defendant had not fully investigated the matter and could only provide the court with vague and unsubstantiated allegations. In light of these vague, last-minute allegations, the court could properly have declined to investigate the allegations at that time and could have received the verdict immediately. (See People v. Beeler, supra, 9 Cal.4th at p. 989, 39 Cal.Rptr.2d 607, 891 P.2d 153.) The court's decision to do so a few hours later, even though a witness was available to testify as to the misconduct, did not transform its refusal to delay the verdict into an abuse of discretion.

Other Questions


In what circumstances will the court reject an affidavit alleging that an alleged informer witnessed a drug transaction in a parking lot? (California, United States of America)
In what circumstances will a court order a mistrial in a case where only eight of the nine jurors who voted for the general verdict concurred in a special verdict? (California, United States of America)
In what circumstances will the Court uphold the murder verdict and special circumstance findings? (California, United States of America)
In what circumstances have courts found no good cause for delay in determining whether there was good cause to delay in making a claim for damages? (California, United States of America)
How has the court disposed of a motion alleging that the trial court failed to conduct an inquiry into the grounds for appellant's dissatisfaction with appointed counsel? (California, United States of America)
In what circumstances would the Court have found that possession for sale and possession for possession of a firearm be a less favourable verdict than the previous verdict? (California, United States of America)
How have courts dealt with the situation where the verdict form signed by the jury is different in some respect from the verdict as declared and acknowledged in open court? (California, United States of America)
How have the courts dealt with allegations of prosecutorial misconduct at trial? (California, United States of America)
Can a court hold an evidentiary hearing when jury misconduct is alleged in a new trial motion? (California, United States of America)
How have the courts dealt with allegations of prosecutorial misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.