When a defendant seeks a new trial on the basis of juror misconduct, how does the court resolve the issue?

California, United States of America

The following excerpt is from People v. Snyder, B222987 (Cal. App. 2011):

When a defendant seeks a new trial on the basis of juror misconduct, the trial court has broad discretion in resolving the motion. (People v. Dykes (2009) 46 Cal.4th 731, 809.) In reviewing the trial court's rulings on the motion, we "accept the trial court's factual findings and credibility determinations if they are supported by substantial evidence, but must exercise [our] independent judgment to determine whether any misconduct was prejudicial. [Citations.]" (Id. at p. 809.)

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)

Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)

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)

Is a trial court's failure to question each juror privately regarding a juror misconduct claim an issue of abuse of power not one of constitutional significance? (California, United States of America)

When a defendant challenges on appeal a motion for a new trial on grounds of juror misconduct, does he accept the credibility determinations and findings of the trial court? (California, United States of America)

Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)

Can a defendant seek a new trial on grounds of juror misconduct? (California, United States of America)

Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)

How does the Court treat a claim by a defendant that an issue raised and decided in the trial court resulted in constitutional violations? (California, United States of America)

When a defendant seeks a new trial on the basis of juror misconduct, how does the court resolve the issue?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources