What is the test for a motion for a new trial on appeal against a jury finding a juror wrongfully convicted of sexual assault?
California, United States of America
The following excerpt is from People v. Walker, A137905 (Cal. App. 2019):
however, "[n]o evidence is admissible to show the effect of such statement, conduct, condition, or event upon a juror either in influencing him to assent to or dissent from the verdict or concerning the mental processes by which it was determined." (Evid. Code, 1150, subd. (a).) We review a ruling on a motion for new trial on appeal only for " ' "a manifest and unmistakable abuse of discretion . . . ." ' " (People v. Delgado (1993) 5 Cal.4th 312, 328.)
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