Can a jury be found guilty of misconduct under California Evidence Code section 1150 of the California Criminal Code for failing to follow instructions?

California, United States of America


The following excerpt is from People v. Medina, B292849 (Cal. App. 2020):

Evidence Code section 1150 "may be violated not only by the admission of jurors' testimony describing their own mental processes, but also by permitting testimony concerning statements made by jurors in the course of their deliberations." (People v. Hedgecock (1990) 51 Cal.3d 395, 418-419) As such, "when a juror in the course of deliberations gives the reason for his or her vote, the words are simply a verbal reflection of the juror's mental processes." (Id. at p. 419.)

Citing People v. Lavender (2014) 60 Cal.4th 679, 686-687 and People v. Johnson (2013) 222 Cal.App.4th 486, 495-496, Medina asserts that the jury's failure to follow instructions constitutes misconduct and argues that any evidence of such failure is "admissible under Evidence Code section 1150 to state a prima facie case of misconduct." Medina is mistaken.

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