California, United States of America
The following excerpt is from People v. Lopez, D069645 (Cal. App. 2016):
The trial court has broad discretion in acting upon a defendant's new trial motion. (Dykes, supra, 46 Cal.4th at p. 809.) A defendant seeking a new trial for alleged juror misconduct must meet his or her threshold burden to present "competent evidence" supporting the claim. (Ibid.) "[I]t is within the discretion of a trial court to conduct an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct, and to permit the parties to call jurors to testify at such a hearing. This does not mean, however, that a trial court must hold an evidentiary hearing in every instance of alleged jury misconduct. The hearing should not be used as a 'fishing expedition' to search for possible misconduct," and "the defendant is not entitled to such a hearing as a matter of right." (People v. Hedgecock (1990) 51 Cal.3d 395, 415, 419.) An evidentiary hearing " ' "should be held only when the defense has come forward with evidence demonstrating a strong possibility that prejudicial misconduct has occurred." ' " (Dykes, at pp. 809-810,
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