The police searched defendant`s house and truck pursuant to a probation search condition imposed after defendant was convicted of violating Vehicle Code section 23153, subdivision (a) (felony driving under the influence (DUI) with injury) in 1990. The blanket search condition required defendant to submit his person, property and automobile, and any object under the defendant`s control, to search and seizure by any probation officer or other peace officer at any time of the day or night with or without a warrant. The facts known to the police when they undertook the probation search provide ample support for the intrusion on defendant`s privacy. Although there is no evidence defendant ever attempted to take his own life, defense counsel presented the evidence to show that defendant may have intended to commit suicide at a later date, and thus supporting defendant`s claim that he had a death wish. Because it is impossible to shield jurors from every contact that may influence their vote, courts tolerate some imperfection short of actual bias.
As noted, although the trial court determined that misconduct did occur, it concluded that any misconduct was not prejudicial because it did not influence the jurors to the defendant`s detriment. The following Monday, the trial court questioned Jurors R.D. During the court`s consideration of defendant`s motion, the court observed that I am independently reweighing the evidence, trying to determine whether the weight of the evidence supports the jury`s findings and the verdict. The details defendant seeks existed in all of the jurors` declarations submitted in defendant`s motion for a new trial and the prosecution`s opposition to the motion. If applicable, an unused portion of your trial period will be forfeited when you purchase a subscription. He alleged that a juror had read newspaper articles about the case during the trial and that two other jurors had considered an article before rendering the verdict. We find no substantial likelihood that the article influenced the jury negatively. Hutchinson could not recall the order in which defendant made the statements the article attributed to him, but believed that the statements, though paraphrased, were accurate. The court also privately questioned individual prospective jurors, when it believed that sequestered questioning was necessary.
Before the court could act on the note, the jury sent another one at 2:55 p.m., stating: Upon further discussion, we have decided to take one last vote on Monday morning. Defendant contends the court did not fully consider his propensity to commit violent acts or his desire to receive the death penalty when it made its competency finding. Also, as we have observed, although the jurors should not have referred to any articles about the crimes, the fact that some jurors might have been exposed to media reports did not prejudice the penalty verdict. She did note that after the jurors had reached a verdict and were waiting to be called into the courtroom, Juror M.B. Start the fun now with 5000 free coins, and win your way to high roller! It’s FREE to download! ► Tons of free coins to play every day! ► Top Las Vegas Video Poker you know and love!
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