What is the test for a motion for a new trial on the grounds of juror misconduct?

California, United States of America


The following excerpt is from Basamah v. L. A. Cnty. Metro. Transit Auth., B291022 (Cal. App. 2021):

Appellant appears to challenge the trial court's denial of her motion for a new trial, renewing several of her claims of jury misconduct. "'"On appeal from denial of a motion for new trial on grounds of juror misconduct, the appellate court, 'has a constitutional obligation [citation] to review the entire record, including the evidence, and to determine independently whether the act of misconduct, if it occurred, prevented the complaining party from having a fair trial.'"'" (Iwekaogwu v. City of Los Angeles (1999) 75 Cal.App.4th 803, 817-818.)

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