What is the test for holding an evidentiary hearing to determine the truth or falsity of allegations of jury misconduct?
California, United States of America
The following excerpt is from People v. Sopher, D059363 (Cal. App. 2013):
The trial court has the discretion 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. (People v. Hedgecock (1990) 51 Cal.3d 395, 419.) Defendant is not, however, entitled to an evidentiary hearing as a matter of right. Such a
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hearing should be held only when the court concludes an evidentiary hearing is "necessary to resolve material, disputed issues of fact." (Id. at p. 415.) " 'The hearing should not be used as a "fishing expedition" to search for possible misconduct, but should be held only when the defense has come forward with evidence demonstrating a strong possibility that prejudicial misconduct has occurred. Even upon such a showing, an evidentiary hearing will generally be unnecessary unless the parties' evidence presents a material conflict that can only be resolved at such a hearing.' " (People v. Avila (2006) 38 Cal.4th 491, 604.)
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