When a jury has been adjourned for jury deliberations, can the judge use the adjournment as an excuse to allow deliberations to go ahead?

California, United States of America


The following excerpt is from People v. Jackson, C063218, Super. Ct. No. 07F05622 (Cal. App. 2011):

We find no abuse of discretion in suspending deliberations. Unlike in Santamaria, here there was good cause for suspending jury deliberations; the suspension was to accommodate the schedules of jurors who had vacations or school, and one who had a medical operation planned. Indeed, the jury requested the recess. Thus, "the adjournment was for the convenience of the jurors, not for the judge's personal convenience . . . ." (People v. Bolden, supra, 29 Cal.4th at p. 562.) As Santamaria recognized, adjournments for "weekends, holidays, sick jurors, or other imperative factors" are usually "clearly within the acceptable range of a trial court's discretion." (Santamaria, supra, 229 Cal.App.3d at p. 281.)

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