California Court of Appeal

A trial court's finding of misconduct by a petit juror, and ordering him removed during jury deliberation, was prejudicial absent evidence showing misconduct by a "demonstrable reality," and reversal of conviction was mandated, but double jeopardy does not bar retrial.

Appellate Information

• Decided 07/18/2002
• Published 07/18/2002

Judges

• SEPULVEDA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Hilda Ellen Scheib, San Francisco, First District Appellate Project, for Appellant.


• For Appellees:
  
• Office of Attorney General, Jill M. Thayer, San Francisco, Ryan B. McCarroll, Sacramento, for Respondent.