Can a court hold an evidentiary hearing when jury misconduct is alleged in a new trial motion?
California, United States of America
The following excerpt is from People v. San Nicolas, 101 P.3d 509, 21 Cal.Rptr.3d 612, 34 Cal.4th 614 (Cal. 2004):
A court may hold an evidentiary hearing when jury misconduct is alleged in a new trial motion, but the court may also, in its discretion, conclude that a hearing is not necessary "to resolve material, disputed issues of fact." (People v. Hedgecock (1990) 51 Cal.3d 395, 415, 272 Cal.Rptr. 803, 795 P.2d 1260.)
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