Is it within the jurisdiction of a trial court to conduct an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct?

California, United States of America


The following excerpt is from People v. Cox, 280 Cal.Rptr. 692, 53 Cal.3d 618, 809 P.2d 351 (Cal. 1991):

Our recent decision in People v. Hedgecock (1990) 51 Cal.3d 395, 272 Cal.Rptr. 803, 795 P.2d 1260, does not alter this conclusion. In Hedgecock, we held that "it is within the discretion of a trial court to conduct an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct, and to permit the parties to call jurors to testify at such a hearing. [Footnote omitted.]" (Id., at p. 419, 272 Cal.Rptr. 803, 795 P.2d 1260.) This holding is, nonetheless, qualified by our discussion of the rationale in its factual context.

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