Is there an evidentiary hearing to resolve a claim of juror misconduct?

California, United States of America


The following excerpt is from People v. Pullen, F066371, F067264 (Cal. App. 2015):

The court has the discretion whether to conduct an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct. (People v. Avila (2006) 38 Cal.4th

Page 33

Other Questions


Is a defendant entitled to an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct? (California, United States of America)
Is a defendant entitled to an evidentiary hearing on the issue of juror misconduct? (California, United States of America)
Does a juror's failure to object at trial affect their claim that the court failed to properly investigate juror misconduct? (California, United States of America)
Does the trial court abuse its position in refusing to conduct an evidentiary hearing on the defense allegations of jury misconduct or in failing to compel jurors to testify? (California, United States of America)
In reviewing a motion for a new trial based on juror misconduct based on Juror misconduct, what is the effect of the finding on the credibility of the jury? (California, United States of America)
Is a trial court's failure to question each juror privately regarding a juror misconduct claim an issue of abuse of power not one of constitutional significance? (California, United States of America)
What is the test for conducting an evidentiary hearing on the issue of juror misconduct? (California, United States of America)
Is a defendant entitled to an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct on the grounds that two jurors discussed their personal experiences with drugs and the future of the death penalty? (California, United States of America)
Can a jury be compelled to testify at a post-verdict evidentiary hearing regarding allegations of juror misconduct? (California, United States of America)
What is the test for determining whether a defendant is entitled to an evidentiary hearing into allegations of juror misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.