Does a denial of a motion for a new trial grounded on jury misconduct constitute prejudice?
California, United States of America
The following excerpt is from Tillery v. Richland, 158 Cal.App.3d 957, 205 Cal.Rptr. 191 (Cal. App. 1984):
[158 Cal.App.3d 970] Further, it has been held that: "A denial of a motion for new trial grounded on jury misconduct implies a determination by the trial judge that the misconduct did not result in prejudice." (Andrews v. County of Orange (1982) 130 Cal.App.3d 944, 954, 182 Cal.Rptr. 176.)
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