What is the test for determining whether a defendant is entitled to an evidentiary hearing into allegations of juror misconduct?

California, United States of America


The following excerpt is from People v. Jackson, B259906 (Cal. App. 2016):

Finally, we address appellant's juror misconduct argument. "The trial court has discretion to determine whether to conduct an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct. [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 809.) "Defendant is not, however, entitled to an evidentiary hearing as a matter of right. Such a hearing should be held only when the court concludes an evidentiary hearing is 'necessary to resolve material, disputed issues of fact.' [Citation.]" (People v. Avila (2006) 38 Cal.4th 491, 604.) "We review for abuse of discretion the trial court's denial of defendant's postverdict request for an evidentiary hearing into allegations of jury misconduct. [Citations.]" (People v. Carter (2003) 30 Cal.4th 1166, 1216.)

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