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
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.