Is a juror's sworn declaration that she would like to re-read a witness's testimony admissible?

California, United States of America


The following excerpt is from People v. Vallejo, 154 Cal.Rptr.3d 341, 214 Cal.App.4th 1033 (Cal. App. 2013):

Juror number 2's sworn declaration, however, was admissible to the extent it presented evidence of overt acts or statements that are objectively ascertainable by sight, hearing, or the other senses. [Citation.] ( People v. Cissna (2010) 182 Cal.App.4th 1105, 1116,106 Cal.Rptr.3d 54.) Thus, juror number 2's statements concerning her request for a rereading of testimony were admissible. But her reasons for requesting the readback of testimony were inadmissible.

Other Questions


Is a non-testimonial declaration against penal interest admissible even if portions of the declaration implicate a co-defendant? (California, United States of America)
Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror? (California, United States of America)
Is a witness's testimony from an earlier proceeding admissible under the prior testimony exception to the hearsay rule? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
What is the test for a motion for a continuance in a criminal case where testimony from a fellow gang member who admitted lying to police is insufficient to render it probable at least one juror would vote to find defendant not guilty? (California, United States of America)
What is the test for admissible juror declarations that pertain to statements made or conduct that occurred in the jury room? (California, United States of America)
Would a juror be able to participate in jury duties if the juror's vision was impaired? (California, United States of America)
Can a juror be discharged from service if the juror has already been sworn in? (California, United States of America)
Can a jury foreman be found guilty of misconduct for refusing to accept a juror's request for a rereading of certain testimony? (California, United States of America)
In what circumstances will transcripts of testimony be admissible in lieu of personal testimony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.