What is the test for a motion for a new trial based upon juror misconduct?

California, United States of America


The following excerpt is from People v. Ortiz, B243676 (Cal. App. 2014):

"A motion for new trial may be granted only upon a ground raised in the motion. [Citations.]" (People v. Masotti (2008) 163 Cal.App.4th 504, 508.) When a new trial motion is based upon juror misconduct, the trial court undertakes a three-step analysis to determine whether the supporting evidence is admissible, whether it establishes

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