Is a defendant entitled to an evidentiary hearing on the issue of juror misconduct?
California, United States of America
The following excerpt is from People v. Dillon, E052344 (Cal. App. 2012):
A defendant is not entitled to an evidentiary hearing on the issue of juror misconduct as a matter of right. (People v. Avila, supra, 38 Cal.4th at p. 604.) Rather, such a hearing should be held only "'when the defense has come forward with evidence demonstrating a strong possibility that prejudicial misconduct has occurred,'" and "the court concludes an evidentiary hearing is 'necessary to resolve material, disputed issues of fact.'" (Ibid.)
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