Is a jury's failure to pay attention to the evidence presented at trial a form of misconduct which will justify a new trial if shown to be prejudicial to the losing party?

California, United States of America


The following excerpt is from People v. Martin, E055424 (Cal. App. 2014):

"[A] jury's failure to pay attention to the evidence presented at trial is a form of misconduct which will justify the granting of a new trial if shown to be prejudicial to the losing party. [Citation.] The duty to listen carefully during the presentation of evidence at trial is among the most elementary of a juror's obligations. Each juror should attempt to follow the trial proceedings and to evaluate the strengths and weaknesses of the evidence and arguments adduced by each side so that the jury's ultimate determinations of the factual issues presented to it may be based on the strongest foundation possible. Were the rule otherwise, litigants could be deprived of the complete, thoughtful consideration of the merits of their cases to which they are constitutionally entitled. [Citations.]" (Hasson v. Ford Motor Co. (1982) 32 Cal.3d 388, 411.)

Other Questions


In what circumstances will a prospective jury at a jury trial be able to reach a verdict based solely on the evidence presented at trial? (California, United States of America)
When a prosecutor said that appellant had failed to produce any evidence at trial, and the appellant failed to present any evidence to the jury, is that comment improper or harmless? (California, United States of America)
Does a jury's misconduct in a jury trial prejudice a defendant who refused to take the witness stand because the jury did not want to hear from him? (California, United States of America)
Can a litigant who is seeking a new trial based on jury misconduct make an affidavit stating that he and his attorney did not know of the misconduct until after the jury rendered its verdict? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Is this a case where the evidence presented at trial triggered the duty of the trial court to instruct the jury even in the absence of a request? (California, United States of America)
Is a judge's comment on the evidence that the defense argued that the evidence presented before the jury was "objectionable to the prosecution" sufficient to constitute misconduct? (California, United States of America)
Does a jury's misconduct in a jury trial prejudice a defendant who refused to take the witness stand because the jury did not want to hear from him? (California, United States of America)
In what circumstances will a jury acquit a defendant who was charged with a burglary but the evidence presented to the jury was ambiguous and ambiguous? (California, United States of America)
Does a quasi-judicial review of the evidence presented to the trial court to determine whether any triable issues of fact were presented? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.