In what circumstances will a motion for a new trial be denied on the grounds of juror misconduct?
California, United States of America
The following excerpt is from Storz v. Pine Mountain Club Prop. Owners Ass'n, Inc., F067867 (Cal. App. 2015):
The five declarations are the only evidence offered in support of the alleged juror misconduct. In the absence of any admissible evidence, the motion for new trial should have been denied on the ground of juror misconduct. (Cox, supra, 53 Cal.3d at p. 697; People v. Sanchez (1998) 62 Cal.App.4th 460, 476.)
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