What is the test for a motion for a new trial based on juror misconduct?
California, United States of America
The following excerpt is from People v. Rosales, E055105 (Cal. App. 2013):
"When a defendant has made a motion for a new trial based on juror misconduct, the trial court has the discretion to hold an evidentiary hearing to determine the validity of the charges if there are material, disputed issues of fact. Such a hearing is not to be used, however, as a '"'fishing expedition'"' to search for possible misconduct. [Citation.] We review the trial court's decision to deny a hearing on juror misconduct for abuse of discretion. [Citation.]" (People v. Polk (2010) 190 Cal.App.4th 1183, 1202.)
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