hearing or detailed inquiry (California) · Go Syfert
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hearing or detailed inquiry in California

14 California opinions name it 2 courts 1995–2022 4 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
People v. Keenangreen
cal · 1988 · cited in 3 California opinions naming this issue, 2000–2022
2 sentences

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

23
People v. Prietogreen
cal · 2003 · cited in 4 California opinions naming this issue, 2013–2021
2 sentences

2021As to jurors who did not voice concern, the court exercised its “considerable discretion . . . ‘whether to conduct a hearing or detailed inquiry.’ ” (People v. Prieto (2003) 30 Cal.4th 226, 274 .) Its decision not to question all jurors was not an abuse 10 of discretion.

2013Defendant claims the trial court erred by not identifying the errant jurors and questioning them further. “ ‘When a trial court is aware of possible juror misconduct, the court “must ‘make whatever inquiry is reasonably necessary’ ” to resolve the matter.’ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‘to nip the problem in the bud’ [citation], they have considerable discretion in determining how to conduct the investigation. ‘The court’s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures t

14
People v. Beelerred
cal · 1995 · cited in 4 California opinions naming this issue, 2000–2014
2 sentences

2014The [trial] court’s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry.” (People v. Beeler (1995) 9 Cal.4th 953, 989 .) “ . . . [T]he Legislature has left the procedure for determining whether grounds for dismissal exist in the trial court’s hands.” (People v. Duff, supra, 58 Cal.4th at p. 560, fn. 15 .) It is all well and good for defendant now, at this late date, to cite the Unemployment Insurance Code in an effort to demonstrate to this court that this juror wo

2006The trial court retains discretion about what procedures to employ, including conducting a hearing or detailed inquiry, when determining whether to discharge a juror. ( People v. Beeler, supra, 9 Cal.4th at p. 989, 39 Cal.Rptr.2d 607 , 891 P.2d 153 .) We discern no abuse of discretion in the manner the trial court conducted its inquiry of the jury. 6.

14
People v. Guerrared
cal · 2006 · cited in 3 California opinions naming this issue, 2013–2021
2 sentences

2021With respect to her understanding of the proceedings, she indicated her understanding was “[n]o very well, but--” With respect to whether she understood the witnesses she said, “[y]eah, sometime I no understand things, but I will try.” We are cognizant that “[t]he trial court retains discretion about what procedures to employ, including conducting a hearing or detailed inquiry, when determining whether to discharge a juror.” (Guerra, supra, 37 Cal.4th at p. 1159 .) Here, however, it is clear on the face of the record that the trial court’s efforts to ascertain whether Juror No. 7 understood th

2015It can judge the person's sincerity and actual state of mind far more reliably than an appellate court reviewing only a cold transcript." (Ibid.) "The trial court retains discretion about what procedures to employ, including conducting a hearing or detailed inquiry, when determining whether to discharge a juror." (People v. Guerra (2006) 37 Cal.4th 1067, 1159 .) The "manner in which the trial court conducted its inquiry [on a juror's fitness to serve] is subject to review for abuse of discretion under the typical standard." (People v. Fuiava (2012) 53 Cal.4th 622, 712 , italics deleted.) For e

13
People v. Duffgreen
cal · 2014 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014The [trial] court’s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry.” (People v. Beeler (1995) 9 Cal.4th 953, 989 .) “ . . . [T]he Legislature has left the procedure for determining whether grounds for dismissal exist in the trial court’s hands.” (People v. Duff, supra, 58 Cal.4th at p. 560, fn. 15 .) It is all well and good for defendant now, at this late date, to cite the Unemployment Insurance Code in an effort to demonstrate to this court that this juror wo

11
People v. Virgilgreen
cal · 2011 · cited in 1 California opinions naming this issue, 2013–2013
2 sentences

2013Defendant claims the trial court erred by not identifying the errant jurors and questioning them further. “ ‘When a trial court is aware of possible juror misconduct, the court “must ‘make whatever inquiry is reasonably necessary’ ” to resolve the matter.’ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‘to nip the problem in the bud’ [citation], they have considerable discretion in determining how to conduct the investigation. ‘The court’s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures t

2013Defendant claims the trial court erred by not identifying the errant jurors and questioning them further. “ ‘When a trial court is aware of possible juror misconduct, the court “must ‘make whatever inquiry is reasonably necessary’ ” to resolve the matter.’ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‘to nip the problem in the bud’ [citation], they have considerable discretion in determining how to conduct the investigation. ‘The court’s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures t

11
People v. McNealgreen
calctapp · 1979 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
People v. Ray green
cal · 1996
2 sentences

2022(People v. Ray (1996) 13 Cal.4th 313, 343 ; People v. Keenan (1988) 46 Cal.3d 478, 539 .) The juror misconduct claim is based on a note sent by the jury foreman on the morning the jury reached its verdict.

2021(People v. Keenan (1988) 46 Cal.3d 478, 532, 539 ; People v. Ray (1996) 13 Cal.4th 313, 343 .) An impartial jury is one in which no juror is incapable or unwilling to decide the case solely on the evidence at trial.

22021–2022
People v. Espinoza green
cal · 1992
2 sentences

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

22013–2013
People v. Eckstrom green
calctapp · 1986
2 sentences

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

22013–2013
People v. Bennett green
cal · 2009
2 sentences

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

22013–2013
People v. Thompson green
cal · 2010
2 sentences

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

22013–2013
People v. Kaurish green
cal · 1990
2 sentences

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

2013(People v. Eckstrom (1986) 187 Cal.App.3d 323, 330 .) ―‗When a trial court is aware of possible juror misconduct, the court ―must ‗make whatever inquiry is reasonably necessary‘‖ to resolve the matter.‘ [Citation.] Although courts should promptly investigate allegations of juror misconduct ‗to nip the problem in the bud‘ [citation], they have considerable discretion in determining how to conduct the investigation. ‗The court‘s discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or det

22013–2013
People v. Fuiava green
cal · 2012
1 sentence

2015It can judge the person's sincerity and actual state of mind far more reliably than an appellate court reviewing only a cold transcript." (Ibid.) "The trial court retains discretion about what procedures to employ, including conducting a hearing or detailed inquiry, when determining whether to discharge a juror." (People v. Guerra (2006) 37 Cal.4th 1067, 1159 .) The "manner in which the trial court conducted its inquiry [on a juror's fitness to serve] is subject to review for abuse of discretion under the typical standard." (People v. Fuiava (2012) 53 Cal.4th 622, 712 , italics deleted.) For e

12015–2015
People v. Holt green
cal · 1997
1 sentence

2015(People v. Holt (1997) 15 Cal.4th 619, 656 .) We reject Grey's assertion that an objection would have been futile as unsupported by the record.

12015–2015
People v. Thomas green
calctapp · 1990
1 sentence

2013(People v. Thomas (1990) 218 Cal.App.3d 1477, 1486 .)6 Smith does not explain how the substitution of Juror No. 4 with an alternate juror prejudiced him.

12013–2013
People v. Manriquez green
calctapp · 1976
2 sentences

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

12000–2000
People v. Tinnin green
calctapp · 1934
2 sentences

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

12000–2000
People v. Castorena green
calctapp · 1996
2 sentences

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

12000–2000
People v. Burgener red
cal · 1986
2 sentences

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

2000(See People v. Burgener, supra, 41 Cal.3d 505, 519 , 224 Cal.Rptr. 112 , 714 P.2d 1251 ["a complete, though summary, hearing"].) Thus "it is not necessary to take testimony in the manner required judicially to establish a controverted proposition." ( People v. Tinnin, supra, 136 Cal.App. 301, 318-319 , 28 P.2d 951 ; see People v. McNeal, supra, 90 Cal. App.3d 830, 837 , 153 Cal.Rptr. 706 [court not required to take sworn testimony].) More substantively, it is clear that any investigation into juror misconduct "should be complete enough to determine `good cause.'" ( People v. McNeal (1979) 90 C

12000–2000
People v. Delamora green
calctapp · 1996
2 sentences

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

2000(E.g., People v. Beeler (1995) 9 Cal.4th 953, 989 , 39 Cal.Rptr.2d 607 , 891 P.2d 153 , citation omitted ["The court's discretion in deciding whether to discharge a juror encompasses the discretion to decide what specific procedures to employ including whether to conduct a hearing or detailed inquiry"]; People v. Keenan, supra, 46 Cal.3d 478, 539 , 250 Cal.Rptr. 550 , 758 P.2d 1081 ["broad discretion as to the mode of investigation"]; People v. Delamora (1996) 48 Cal.App.4th 1850, 1856 , 56 Cal.Rptr.2d 382 ["Clearly, it is up to the trial court to determine the appropriate procedure to follow

12000–2000
In Re Mendes red
cal · 1979
2 sentences

1995(Accord, Mendes, supra, 23 Cal.3d 847, 852 .) Moreover, the record supports no inference that Juror Coley was coerced.

1995(Accord, Mendes, supra, 23 Cal.3d 847, 852 .) Moreover, the record supports no inference that Juror Coley was coerced.

11995–1995

Statutes the citing opinions construe

CA § Cal. Penal Code § 1089 (4) CA § Cal. Penal Code § 1239 (3) CA § Cal. Penal Code § 187 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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