California, United States of America
The following excerpt is from People v. Sanford, C078614 (Cal. App. 2020):
A defendant may move for a new trial based on juror misconduct. ( 1181, subd. 2.) In determining whether to grant a new trial based on such misconduct, the trial court engages in a three-step review. First, the court determines the admissibility of the evidence presented. Second, if the court finds the evidence admissible, it decides whether the evidence establishes misconduct. Finally, if the court finds misconduct, it must determine whether the misconduct was prejudicial. Once misconduct has been established, prejudice is presumed. Reversal is required unless the court finds, after examining the entire record, there is no substantial likelihood any juror was improperly influenced to defendant's detriment. (People v. Bryant (2011) 191 Cal.App.4th 1457,
Page 36
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.