What is the test for refusing to conduct an evidentiary hearing on the issue of juror misconduct?
California, United States of America
The following excerpt is from People v. Hunter, H042372 (Cal. App. 2017):
"[O]rdinarily a trial court does not abuse its discretion in declining to conduct an evidentiary hearing on the issue of juror misconduct when the evidence proffered in support constitutes hearsay. [Citation.]" (Dykes, supra, at p. 810; see also People v. Avila (2006) 38 Cal.4th 491, 605.)
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