What is the test for a motion for a new trial based on alleged juror misconduct?

California, United States of America


The following excerpt is from People v. Hernandez, F067543, F069444 (Cal. App. 2017):

Prejudicial jury misconduct is grounds for a new trial. ( 1181.) "When a party seeks a new trial based on juror misconduct, the trial court must determine from admissible evidence whether misconduct occurred and, if it did, whether the misconduct was prejudicial. [Citation.] Prejudice is presumed where there is misconduct. This presumption can be rebutted by a showing no prejudice actually occurred or by a reviewing court's examination of the entire record to determine whether there is a reasonable probability of actual harm to the complaining party. [Citation.]" (People v. Loot (1998) 63 Cal.App.4th 694, 697.) "The moving party bears the burden of establishing juror misconduct. [Citations.]" (Donovan v. Poway Unified School Dist. (2008) 167 Cal.App.4th 567, 625.)

"We review independently the trial court's denial of a new trial motion based on alleged juror misconduct. [Citation.] However, we will '"accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence."'" (People v. Gamache (2010) 48 Cal.4th 347, 396.)

Other Questions


In reviewing a motion for a new trial based on juror misconduct based on Juror misconduct, what is the effect of the finding on the credibility of the jury? (California, United States of America)
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)
Is there good cause for disclosure of juror information to support a motion for new trial based on juror misconduct? (California, United States of America)
What is the test for a motion for a new trial based on juror misconduct? (California, United States of America)
When can a motion for a new trial motion in a criminal case be made against a juror for misconduct? (California, United States of America)
What is the test for a motion for a new trial based on juror misconduct? (California, United States of America)
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 test for a motion for a new trial based on allegations of jury misconduct? (California, United States of America)
What is the test for a motion for a new trial based upon juror misconduct? (California, United States of America)
What is the test for granting a motion for a habeas corpus petition based on allegations of juror misconduct? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.