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California Court of Appeal


People v. Wismer, 068743

Convictions of unlawful penetration of a child 10 years of age or younger, Pen. Code section 288.7(b), committing lewd acts on a child under the age of 14 years, section 288(a), and committing lewd acts on a child under the age of 14 years, section 288(a), are reversed where a juror's independent 'experiment' illustrating for her fellow jurors how a truly innocent person would respond to a fabricated allegation constituted fundamental juror misconduct.

Appellate Information

  • Published 2017/04/20

Judges

  • DATO

Court

  • California Court of Appeal

Counsel

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