Can a defendant seek a new trial on grounds of juror misconduct?

California, United States of America


The following excerpt is from People v. Barnhill, D073999 (Cal. App. 2019):

A defendant may move for a new trial on grounds of juror misconduct. (Pen. Code, 1181, subds. 2, 3 & 4.) "'When a party seeks a new trial based upon jury misconduct, a court must undertake a three-step inquiry. The court must first determine whether the affidavits supporting the motion are admissible. (See Evid. Code, 1150, subd. (a).) If the evidence is admissible, the court must then consider whether the facts establish misconduct. [Citation.] Finally, assuming misconduct, the court must determine whether the misconduct was prejudicial. [Citations.] A trial court has broad discretion in ruling on each of these questions and its rulings will not be disturbed absent

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a clear abuse of discretion.'" (People v. Bryant (2011) 191 Cal.App.4th 1457, 1467 (Bryant).)

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