What is the test for holding an evidentiary hearing when jury misconduct is alleged in a new trial motion?
California, United States of America
The following excerpt is from People v. Trujillo, B246471 (Cal. App. 2014):
Third, a trial court "may hold an evidentiary hearing when jury misconduct is alleged in a new trial motion, but the court may also, in its discretion, conclude that a hearing is not necessary 'to resolve material, disputed issues of fact.' [Citation.]" (People v. Steele (2002) 27 Cal.4th 1230, 1267.)
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