What is the standard of review for a motion for a new trial based on juror misconduct?
California, United States of America
The following excerpt is from People v. Calles, 146 Cal.Rptr.3d 759 (Cal. App. 2012):
A.C.**
D. Motion for New Trial Based on Juror Misconduct
Defendant contends that the trial court erred in denying his motion for a new trial based, in part, on juror misconduct. We disagree.
1. Standard of Review
"We review independently the trial court's denial of a new trial motion based on alleged juror misconduct. (People v. Ault (2004) 33 Cal.4th 1250, 12611262 [17 Cal.Rptr.3d 302, 95 P.3d 523].) However, we will "accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence." (Id. at p. 1263 [17 Cal.Rptr.3d 302, 95 P.3d 523].)" (People v.
[146 Cal.Rptr.3d 768]
Gamache
(2010) 48 Cal.4th 347, 396, 106 Cal.Rptr.3d 771, 227 P.3d 342.)
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