Is an instruction that expressly states that the jury must begin deliberations anew sufficient?
California, United States of America
The following excerpt is from People v. Dave Arness Newman, H042192 (Cal. App. 2017):
Citing People v. Proctor (1992) 4 Cal.4th 499 (Proctor), the Attorney General contends that "an instruction that expressly states that the jury must begin deliberations anew and implies that the jury must disregard all prior deliberations is sufficient." The Attorney General suggests that the trial court here implied that the jury must disregard all past deliberations. The Attorney General's argument is not persuasive.
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