Is it possible for defense counsel to interview or interview a jury after a jury has convicted a defendant?

California, United States of America


The following excerpt is from People v. Payne, H041933 (Cal. App. 2016):

"After a jury convicts a defendant, defense counsel will often wish to interview jurors (or have them interviewed by an investigator). 'It is not uncommon at the conclusion of a criminal trial for the attorneys representing a convicted defendant to attempt to contact jurors to discuss the case with them. This procedure is usually employed in an effort to learn of juror misconduct or other information that might provide the basis for a motion for a new trial.' [Citation.] While counsel may wish to inquire whether misconduct prejudiced their clients, jurors often want to keep their contact information confidential. 'Discovery of juror names, addresses and telephone numbers is a sensitive issue which involves significant, competing, public policy interests.' [Citation.]" (People v. Tuggles (2009) 179 Cal.App.4th 339, 380 (Tuggles).)

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