When will a jury find that prejudicial juror misconduct invalidated the count 7 verdict?
California, United States of America
The following excerpt is from People v. Carmalt, H038402 (Cal. App. 2016):
double jeopardy, and (2) that prejudicial juror misconduct invalidated the count 7 verdict. The double jeopardy motion was successful and not attributable to ignorance, fraud, or mistake. But defendant presses that the doctrine's remaining element, which requires the "conflicting positions [to] be clearly inconsistent so that one necessarily excludes the other" (Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 182), is not satisfied here.
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