Is contact between a juror and a witness improper?

California, United States of America


The following excerpt is from People v. Salazar, H041724, H042227 (Cal. App. 2018):

We shall consider the contact between the juror and the witness first. " ' "[N]ot every incident involving a juror's conduct requires or warrants further investigation. 'The decision whether to investigate the possibility of juror bias, incompetence, or misconductlike the ultimate decision to retain or discharge a jurorrests within the sound discretion of the trial court.' " [Citations.] " '[A] hearing is required only where the court possesses information which, if proven to be true, would constitute "good cause" to doubt a juror's ability to perform his duties and would justify his removal from the case.' " [Citation.]' [Citation.]" (People v. Cowan (2010) 50 Cal.4th 401, 506.) "A juror's unauthorized contact with a witness is improper. [Citations.] However, contact between a juror and a witness . . . may be nonprejudicial if the contact was 'de minimis' [citation] if there is no showing that the contact related to the trial [citations]." (Id. at p. 507.)

Other Questions


Is a still-sitting juror entitled to be excused from a jury for improper sexual contact with a juror? (California, United States of America)
Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror? (California, United States of America)
When will a jury be found guilty of misconduct for improper contact with a witness during trial? (California, United States of America)
Is an improper statement in a jury trial admissible to show the effect on the jurors' mental processes of other, improper statements? (California, United States of America)
Is there any case law where a trial court improperly excluded a witness from testifying because the witness name was not disclosed during discovery? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.