Does a juror's failure to object at trial affect their claim that the court failed to properly investigate juror misconduct?
California, United States of America
The following excerpt is from People v. Johnsen, 10 Cal.5th 1116, 274 Cal.Rptr.3d 599, 480 P.3d 2 (Cal. 2021):
juror ... whether or not the defense requests an inquiry, and indeed ... even if the defense objects to such an inquiry." ( People v. Cowan (2010) 50 Cal.4th 401, 506, 113 Cal.Rptr.3d 850, 236 P.3d 1074.) Thus, Johnsen's failure to object at trial did not forfeit his claim that the court failed to
[480 P.3d 39]
adequately investigate alleged juror misconduct.
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