Does a defendant have to be re-examined for a new trial each time a juror has been placed in a situation that could potentially compromise the trial?
MultiRegion, United States of America
The following excerpt is from Cernas v. Hedgpeth, Case No.: 1:10-cv-02126-AWI-JLT (HC) (E.D. Cal. 2013):
However, there is no requirement that a defendant be given a new trial each time a juror has been placed in a situation that could potentially be compromising. Smith v. Phillips, 455 U.S. 209, 217, 102 S.Ct. 940, 946 (1982). "Due process means a jury capable and willing to decide the case solely on the evidence before it, and a trial judge ever watchful to prevent prejudicial occurrences and to determine the effect of such occurrences when they happen." Id.
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