When a defendant moves for a new trial based on juror misconduct, can the trial court conduct an evidentiary hearing?
California, United States of America
The following excerpt is from People v. Thiphanep, C078413 (Cal. App. 2017):
When a defendant moves for a new trial based on juror misconduct, the trial court may conduct an evidentiary hearing when it concludes such a hearing is necessary to resolve material, disputed issues of fact. (People v. Hedgecock (1990) 51 Cal.3d 395, 415.) We reverse the court's decision whether to conduct an evidentiary hearing on juror misconduct only for an abuse of discretion. (People v. Dykes (2009) 46 Cal.4th 731, 810.)
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