Is a defendant entitled to an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct?

California, United States of America


The following excerpt is from People v. Avila, B229013 (Cal. App. 2012):

"The trial court has discretion to determine whether to conduct an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct. [Citation.] 'Defendant is not, however, entitled to an evidentiary hearing as a matter of right. Such a hearing should be held only when the court concludes an evidentiary hearing is "necessary to resolve material, disputed issues of fact." [Citation.]'" (People v. Dykes, supra, 46 Cal.4th at p. 809.) "The trial court's decision whether to conduct an evidentiary hearing on the issue of juror misconduct will be reversed only if the defendant can demonstrate an abuse of discretion. [Citations.]" (Id. at p. 810.)

Other Questions


Is a defendant entitled to an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct on the grounds that two jurors discussed their personal experiences with drugs and the future of the death penalty? (California, United States of America)
Is there an evidentiary hearing to resolve a claim of juror misconduct? (California, United States of America)
What is the test for determining whether a defendant is entitled to an evidentiary hearing into allegations of juror misconduct? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is a defendant entitled to an evidentiary hearing on the issue of juror misconduct? (California, United States of America)
Can a defendant bring a claim against a prosecutor for misconduct on appeal against the conviction of a defendant for misconduct in a criminal case? (California, United States of America)
Is a defendant entitled to an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct? (California, United States of America)
When a defendant moves for a new trial based on juror misconduct, can the trial court conduct an evidentiary hearing? (California, United States of America)
Does a defendant have to meet with a juror to determine whether a defendant has made a sufficient showing of misconduct on a request to disclose juror information? (California, United States of America)
Does the trial court abuse its position in refusing to conduct an evidentiary hearing on the defense allegations of jury misconduct or in failing to compel jurors to testify? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.