California Court of Appeal

Following defendant's conviction for driving under the influence and causing injury and driving with a blood alcohol level of 0.08 percent or more and causing injury, the trial court erred in denying defendant's post-trial motion for disclosure of the jurors' identifying information, where: 1) in support of the motion, defendant's parents declared that several jurors had stated that they had concluded only reluctantly that defendant had been driving, partly because he did not take the stand and testify; 2) the trial court properly considered the jurors' out-of-court statements to the parents; 3) the statements were admissible under Evidence Code section 1150; and 4) the declarations showed that the jurors had improperly considered defendant’s failure to testify, and thus the trial court abused its discretion in denying the motion.

Appellate Information

• Decided 12/19/2013
• Published 12/19/2013

Judges

• RICHLI

Court

• California Court of Appeal

Counsel