[DOWNLOAD] "People V. Ault" by In the Supreme Court of California " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Ault
- Author : In the Supreme Court of California
- Release Date : January 16, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
In People v. Nesler (1997) 16 Cal.4th 561 (Nesler), a plurality of this court concluded that when a criminal defendant appeals the denial of his or her motion for a new trial on grounds of juror misconduct, the appellate court must independently review, as a mixed question of law and fact, the trial court's conclusion that no prejudice arose from the misconduct. (Id. at p. 582, fn. 5 (lead opn. of George, C. J.).) We granted review in this case to determine the proper standard of review when the trial court granted a criminal defendant's motion for a new trial on grounds of prejudicial juror misconduct, and the People appeal, disputing only the trial court's determination that the misconduct was prejudicial.