Jury Misconduct

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

Summary

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
Opinion Date: 04/14/2015
  • Categories: Appealable Orders, Appeals, By Jurors, Jury Misconduct, Misconduct, Motion for New Trial, Seal/Disclose Juror Info

Summary

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
Opinion Date: 12/12/2013
  • Categories: Enhancements, Jury Deliberations, Jury Misconduct, Motion for New Trial, Sentencing, Trial Proceedings

Summary

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
Opinion Date: 12/19/2013
  • Categories: By Jurors, Jury Misconduct, Misconduct, Motion for New Trial, Seal/Disclose Juror Info

Summary

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
Opinion Date: 10/05/2012
  • Categories: Double Punishment (PC 654), Enhancements, Jury Misconduct, Motion for New Trial, Sentencing

Summary

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. Tuggles et al.
Case #: C054250
Opinion Date: 10/29/2009
  • Categories: By CALCRIM Number, Evidence, Jury Instructions, Jury Misconduct, Motion for New Trial, Prior Convictions/Impeach

Summary

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
Opinion Date: 11/18/2004
  • Categories: Ineff. Assist. Counsel (IAC), Jury Misconduct, Motion for New Trial, Right to Counsel, Trial Errors

Summary

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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