In what circumstances will a judge grant a new trial for a juror who disclosed bias?
California, United States of America
The following excerpt is from People v. Warner, A141106 (Cal. App. 2015):
The facts in this case are different. Here the trial court impliedly found that there was a substantial likelihood of bias, even though the disclosures were inadvertentan outcome that Boyette did not foreclose. As we have discussed, a new trial must be granted if the trial judge concludes unintentional juror concealment reflects a state of mind that would prevent a person from acting impartially. (See People v. San Nicolas, supra, 34 Cal.4th at p. 644.)
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