California, United States of America
The following excerpt is from People v. Burgener, 129 Cal.Rptr.2d 747, 29 Cal.4th 833, 62 P.3d 1 (Cal. 2003):
The jury sat as the trier of fact in this case. Previous legal rulingsand the reasons for themare not proper matters for the jury to consider in performing its duties. At a new trial following reversal, "[n]o advantage is to be taken of the former verdict on the one side, or the rule of the court, for awarding such second trial on the other." (3 Blackstone, Commentaries 391; accord, People v. Edwards (1991) 54 Cal.Bd 787, 845, 1 Cal.Rptr.2d 696, 819 P.2d 436 [we "have never suggested that the trial court is required to inform the
[129 Cal.Rptr.2d 778]
jury of the history of the prior proceedings"].)[129 Cal.Rptr.2d 778]
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