The following excerpt is from U.S. v. Hendrix, 549 F.2d 1225 (9th Cir. 1977):
An important part of the district judge's broad discretion centers on his response to allegations of juror bias or misconduct. For example, it is within the trial court's discretion to determine whether and when to hold an evidentiary hearing on such allegations. If the judge orders an investigative hearing, it is within his discretion to determine its extent and nature. See United States v. Doe, supra, 513 F.2d at 712; Tillman v. United States, supra, 406 F.2d at 938. 1 As a matter of common sense, a trial judge in making these decisions will necessarily be directed by the content of the
Page 1228
If an evidentiary hearing is held, it has two purposes. The first is to determine
Page 1229
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.