What is the impact of the court's decision not to take live testimony from the jurors before the evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from United States v. McChesney, 871 F.3d 801 (9th Cir. 2017):
with the jurors before the evidentiary hearing. He essentially argues that the court abused its discretion by refusing to recall the jury for live questioning, by preventing him from contacting the jurors himself, and by relying on a court-drafted questionnaire that was sent to each juror. See United States v. Montes , 628 F.3d 1183, 1187 (9th Cir. 2011) (reviewing decision not to take live testimony from jurors for abuse of discretion).
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