What remedy does a defendant have in a motion for a new trial alleging juror misconduct?

MultiRegion, United States of America

The following excerpt is from U.S. v. Chavez-Vernaza, 952 F.2d 1400 (9th Cir. 1992):

The usual remedy in cases alleging juror misconduct is an evidentiary hearing "in which the defendant has the opportunity to prove actual bias" and in which all interested parties are permitted to participate. Smith v. Phillips, 455 U.S. 209, 215, 216 (1982). Such a hearing was held. The government subpoenaed the two witnesses relied upon in defendant's motion for a new trial. The defendant did not request the presence of the juror at the hearing. There is nothing in the record to indicate that defendant was denied the right to do so.

Other Questions


Is a juror's conversation with a prosecution witness during the trial of a defendant's motion for a motion for mistrial reviewed on appeal? (MultiRegion, United States of America)
In a motion to appeal against a jury verdict in a personal injury case brought by a defendant who failed to raise his objections to the trial judge on the motion, can the appellant appeal to the Court of Appeal to review the motion by the same judge? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
Does the trial judge erred in denying a post-trial motion for a new trial based upon alleged violations of sequestration order by members of the jury or marshals assigned to supervise the jury? (MultiRegion, United States of America)
When will a trial judge override a motion to dismiss a motion that would have allowed evidence of sexual assault to be used in the trial? (MultiRegion, United States of America)
What is the relevant time period for a motion alleging that a defendant was denied a speedy trial by the Court of Appeal? (MultiRegion, United States of America)
What is the test for a motion to amend a motion alleging that a claim against a defendant is invalid and unenforceable? (MultiRegion, United States of America)
What is the difference between a Motion to Dismiss on the eve of trial and a motion to dismiss on the grounds of speedy trial? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.