What is the test for good cause in a motion for a new jury?

California, United States of America


The following excerpt is from People v. Avila, B229013 (Cal. App. 2012):

To demonstrate good cause, the party seeking disclosure must "'set[] forth a sufficient showing to support a reasonable belief that jury misconduct occurred, that diligent efforts were made to contact the jurors through other means, and that further investigation is necessary to provide the court with adequate information to rule on a motion for new trial. . . . '" (People v. Carrasco (2008) 163 Cal.App.4th 978, 990.) The alleged misconduct also must be "'of such a character as is likely to have influenced the verdict improperly.'" (People v. Jefflo (1998) 63 Cal.App.4th 1314, 1322.) Good cause does not exist where the allegations of juror misconduct are speculative, conclusory,

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