Is there an evidentiary hearing in every instance of alleged jury misconduct?
California, United States of America
The following excerpt is from People v. Jacobs, A128080 (Cal. App. 2011):
hearing in every instance of alleged jury misconduct. An evidentiary hearing is appropriate only when the defense has come forward with evidence demonstrating a strong possibility prejudicial misconduct has occurred. Even then, such a hearing is generally not necessary unless the parties' evidence presents a material conflict that can only be resolved at such a hearing. (People v. Hedgecock (1990) 51 Cal.3d 395, 419 (Hedgecock).)
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