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Name: People v. Herrera
Case #: A165248
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 05/22/2024
Summary

The Court of Appeal holds that no juror misconduct occurred where the deliberating jurors watched surveillance video clips back-to-back on a loop and in slow motion. There was no evidence the jurors performed any editing, and viewing the videos in slow motion allowed for closer scrutiny. The court also finds no prejudicial juror misconduct occurred where a juror agreed to vote for guilt in exchange for the other jurors agreeing to sign a “we urge leniency” note. While consideration of punishment was improper, there was no prejudice because the juror believed the defendant was guilty when she asked for the leniency note.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/A165248.PDF