What is the test for withholding a jury's verdict?

California, United States of America


The following excerpt is from People v. Bustos, B292616 (Cal. App. 2019):

However, "not every expression of uncertainty during polling requires that recordation of the verdict be withheld while the jury is sent back for further deliberations." (Chipman v. Superior Court (1982) 131 Cal.App.3d 263, 267.) Instead, the court must "determine the [juror's] state of mind" vis--vis the verdict by looking to the juror's statements and demeanor.

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