Jury Misconduct

Name: Tarango v. McDaniel
Case #: 13-17071
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/03/2016
  • Categories: Extraordinary Remedies, Habeas Corpus (Federal), Jury Misconduct, Motion for New Trial

State court decision was contrary to clearly established federal law because the court did not investigate the prejudicial effect of a police tail on a known holdout juror. Defendant was convicted in Nevada of robbery, attempted murder, gun use, and…

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Name: People v. Diaz
Case #: B256050
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 04/14/2015
  • Categories: Appealable Orders, Appeals, By Jurors, Jury Misconduct, Misconduct, Motion for New Trial, Seal/Disclose Juror Info

Petition to release personal juror identifying information is untimely if made after conviction, sentence, and affirmance on appeal. After his 2007 conviction for a gang-related murder, Diaz made a new trial motion raising three separate instances of juror misconduct. The…

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Name: People v. Cook
Case #: E054307
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/12/2013
Subsequent History: Review granted 3/12/2014: S215927
  • Categories: Enhancements, Jury Deliberations, Jury Misconduct, Motion for New Trial, Sentencing, Trial Proceedings

A Penal Code section 12022.7, subdivision (a) (great bodily injury) enhancement may not be imposed with respect to a victim who was the subject of defendant’s manslaughter conviction. Appellant was convicted of three counts of vehicular manslaughter (Pen. Code, §…

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Name: People v. Johnson
Case #: E056878
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 12/19/2013
  • Categories: By Jurors, Jury Misconduct, Misconduct, Motion for New Trial, Seal/Disclose Juror Info

Trial court abused its discretion in denying defendant's posttrial motion for disclosure of jurors' identifying information. At the scene of an accident, defendant was "blatantly drunk" and admitted rear-ending an SUV that was stopped at a red light, injuring its…

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Name: People v. Calles
Case #: B225763
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/05/2012
  • Categories: Double Punishment (PC 654), Enhancements, Jury Misconduct, Motion for New Trial, Sentencing

Where jury's "timing experiment" did not stray beyond admitted evidence and was not of a character that was likely to improperly influence the verdict, trial court correctly denied new trial motion. Appellant was convicted of two counts of gross vehicular…

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Name: People v. Engstrom
Case #: C065982
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/28/2011
  • Categories: Jury Misconduct, Motion for New Trial

Jury conduct that amounts to critical examination of the evidence admitted, as opposed to conduct resulting in the acquisition of new evidence, is not misconduct that supports a motion for new trial. Appellant was convicted of possession of marijuana for…

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Name: People v. Vigil
Case #: C061065
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/24/2011
  • Categories: By Jurors, Jury Misconduct, Misconduct, Motion for New Trial

A motion for new trial based on juror misconduct requires a three-part inquiry: is the evidence of misconduct admissible; if so, do the facts establish misconduct; and if they do, is the misconduct prejudicial. Appellant was convicted of shooting at…

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Name: People v. Collins
Case #: S058537
Court: CA Supreme Court
District CalSup
Opinion Date: 05/27/2010
  • Categories: By Jurors, Jury Misconduct, Misconduct, Motion for New Trial

During deliberations, the jury may use an exhibit according to its nature and carry out experiments within the lines of offered evidence that do not invade new fields. In this death penalty case, the prosecutor introduced evidence suggesting that appellant…

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Name: People v. Tuggles et al.
Case #: C054250
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/29/2009
  • Categories: By CALCRIM Number, Evidence, Jury Instructions, Jury Misconduct, Motion for New Trial, Prior Convictions/Impeach

Impeachment testimony by the prosecution to counter permissible character evidence introduced by the defense is not hearsay that would be subject to exclusion. Tuggles and Mollett were convicted of first degree murder involving a firearm. The shooting resulted from an…

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Name: People v. Callahan
Case #: B167543
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/18/2004
Subsequent History: 12/16/04: rhg den.
  • Categories: Ineff. Assist. Counsel (IAC), Jury Misconduct, Motion for New Trial, Right to Counsel, Trial Errors

The principle of deference (that where a trial court grants a new trial based on prejudicial misconduct, the determination may be affirmed unless it constituted an abuse of discretion) applies with equal force to the granting of a new trial…

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