In what circumstances will a jury be called to testify at an evidentiary hearing to determine the truth or falsity of allegations of juror misconduct?
California, United States of America
The following excerpt is from People v. Cabrera, 230 Cal.App.3d 300, 281 Cal.Rptr. 238 (Cal. App. 1991):
In People v. Hedgecock (1990) 51 Cal.3d 395, 415-416, 272 Cal.Rptr. 803, 795 P.2d 1260, the court reaffirmed its conclusion in People v. Pierce, supra, 24 Cal.3d at p. 206, footnote 3, 155 Cal.Rptr. 657, 595 P.2d 91, that it is within the trial court's discretion to conduct an evidentiary hearing to determine the truth or falsity of allegations of juror misconduct. The trial court may permit the parties to call jurors to testify at such a hearing. The court cautioned, however:
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