Tuesday, August 19, 2014

Second Reversal in a Month by CA Supreme Court Due to Juror Misconduct

The California Supreme Court reversed a murder conviction in a case where a juror was lobbying other jurors prior to deliberations that the defendant was guilty.  The Court stated "...the (juror's) transformation from impartial fact finder to combative advocate before deliberations began is separate and serious misconduct."  People v. Weatherton.

Link to opinion:  http://www.google.com/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CCAQFjAA&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Fdocuments%2FS106489.PDF&ei=7qvzU6WMK4-0yATOy4GIDA&usg=AFQjCNEOT_Iusu8tpmQPyre6hxchQi5SRg&sig2=56I5Z9rkvrdOeBeVKLawJg

The opinion is instructive to judges as it discusses the post-trial hearing conducted by the trial judge, including conflicts attorneys and "Miranda"-style warnings to the jurors questioned about their alleged misconduct and violation of their oath.

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