Jury Misconduct

Name: People v. Ault
Case #: S119948
Court: CA Supreme Court
District CalSup
Opinion Date: 08/16/2004
  • Categories: Appeals, Jury Misconduct, Motion for New Trial, Scope of Review

When a criminal defendant appeals the denial of his or her motion for a new trial on the grounds of juror misconduct, the appellate court must independently review, as a question of law and fact, the trial court's conclusion that…

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Name: People v. Braxton
Case #: A096083
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 02/10/2003
Subsequent History: Rev. granted 4/23/03
  • Categories: Jury Misconduct, Motion for New Trial, Procedural Requirements

At sentencing on his conviction for attempted murder, appellant’s counsel had three affidavits from jurors indicating possible misconduct, but had not filed a written motion. The court denied him the opportunity to make an oral motion for new trial, stating…

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Name: People v. Braxton
Case #: A096083
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 11/04/2002
Subsequent History: 4/23/03: Review granted
  • Categories: By Jurors, Jury Misconduct, Misconduct, Motion for New Trial, Procedural Requirements

The trial court erred in refusing defendant’s oral motion for a new trial, despite allegations of jury misconduct. The motion was timely because it was made before judgment (sentencing) and counsel offered three juror declarations in support of the motion,…

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Name: Mancuso v. Olivarez
Case #: 00-16188
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/06/2002
Subsequent History: 6/11/02 opn. amended & Prhrg den.
  • Categories: Jury Misconduct, Motion for New Trial

The court here denied habeas relief, previously granted by the court below, for a juror misconduct claim based on tampering with an exhibit. Petitioner claimed that his 6th Amendment right to a fair and unbiased jury was violated when the…

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