What is the test for finding substantial evidence to support a motion for a new trial motion based on juror misconduct?
California, United States of America
The following excerpt is from People v. Hedgecock, 214 Cal.App.3d 1082, 247 Cal.Rptr. 404 (Cal. App. 1988):
Our review of the entire record thus looks for substantial evidence to support the conclusions of the trial judge in denial of the new trial motion based on juror misconduct. When we find such substantial evidence, our inquiry ends and we affirm. (People v. Miranda (1987) 44 Cal.3d 57, 117, 241 Cal.Rptr. 594, 744 P.2d 1127.) Conversely, absent such substantial evidence, we reverse.
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