California Court of Appeal

Reversing and remanding a conviction for first degree murder because although the court denied his motion for a new trial on grounds of jury misconduct it had also made a factual finding that the jury discussed the defendant's decision not to testify several times despite repeatedly being told that it was not to be considered, which gives rise to the presumption that prejudice occurred that was not rebutted.

Appellate Information

• Published 2017/11/16

Judges

• DATO

Court

• California Court of Appeal

Counsel