People v. Ault

Opinion

BAXTER, J.

In People v. Nesler (1997) 16 Cal.4th 561 [66 Cal.Rptr.2d 454, 941 P.2d 87] (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…