What is the test for a motion for a new trial based on jury misconduct?

California, United States of America


The following excerpt is from The People v. Johnson, B215843, No. PA062303 (Cal. App. 2010):

"When a defendant moves for a new trial based on jury misconduct, the trial court undertakes a three-part inquiry. 'First, the court must determine whether the evidence presented for its consideration is admissible... [] Once the court finds the evidence is admissible, it must then consider whether the facts establish misconduct.... [] Finally, if misconduct is found to have occurred, the court must determine whether the misconduct was prejudicial.'" (People v. Sanchez (1998) 62 Cal.App.4th 460, 475, quoting People v. Duran (1996) 50 Cal.App.4th 103, 112-113.) "In making the determination as to the admissibility of the evidence presented, including declarations of jurors, '... the trial court must take great care not to overstep the boundaries established by Evidence Code section

Page 26

Other Questions


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)
What is the test for finding substantial evidence to support a motion for a new trial motion based on juror misconduct? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
What is the test for a motion for a new trial based on jury misconduct? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Can a defendant bring a motion for a new trial on the grounds that the prosecutor committed prejudicial misconduct during trial? (California, United States of America)
What is the test for denying a motion for a new trial on the grounds that the trial judge did not abuse his discretion in denying the motion under the first two grounds? (California, United States of America)
What is the test for a motion for a new trial based on alleged juror misconduct? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.