Criminal Procedures

Trial Process

Can juror misconduct lead to a mistrial?

Yes, it can. If juror misconduct substantially prejudices the defendant’s rights and the defense makes a motion for a new trial, a trial judge may grant the defendant’s motion for a new trial. For example, Ohio Rule of Criminal Procedure, Rule 33 provides: “A new trial may be granted on motion of the defendant for any of the following causes affecting materially his substantial rights … misconduct of the jury, prosecuting attorney, or the witnesses for the state.”


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