Home -> Law Blog Directory -> Criminal Law Blogs -> Southern California Criminal Defense Blog

Criminal Law

: Southern California Criminal Defense Blog

Trial Judge Has the Power to Subpoena Jurors that May Have Been Involved in Misconduct

By Walin & Klarich

In a recent California Court of Appeals case (People v. Tuggles) the court ruled that the trial judge has the power to subpoena any juror that he or she feels may have been involved in misconduct during the trial. The judge can do so at the request of the defense or of the prosecution. California Code of Civil Procedure sections 206 and 237 allow jurors to prevent the release of information to parties, their attorneys, investigators working for counsel, and members of the general public. The court must heed the wishes of reluctant jurors to bar disclosure of their personal identifying information to these persons. However, Code of Civil Procedure sections 206 and 237 do not infringe upon the trial courts' inherent power to investigate strong indicia of juror misconduct...continue to full post

Full post as published by Southern California Criminal Defense Blog on January 26, 2010 (boomark / email).