When can a motion for a new trial motion in a criminal case be made against a juror for misconduct?
California, United States of America
The following excerpt is from People v. Hedgecock, 272 Cal.Rptr. 803, 51 Cal.3d 395, 795 P.2d 1260 (Cal. 1990):
We now reaffirm the conclusion we reached in People v. Pierce, supra, 24 Cal.3d 199, 155 Cal.Rptr. 657, 595 P.2d 91: when a new trial motion in a criminal case is based on allegations of juror misconduct, the trial court may conduct an evidentiary hearing to determine the truth of the allegations. Our reasons follow.
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