"The ruling on the Goldberg case will be open to the public and it will be done Friday."

This week, there are important dates scheduled in the Jon Goldberg case. The defense has alleged juror misconduct and asked for a new trial.

Today, Visiting Judge Graham A. Cribbs told people in the courtroom audience, "Today's proceedings will be closed, Wednesday's proceedings are again going to be closed, that could change depending on my discussion with counsel today.  The ruling on the Goldberg case will be open to the public and it will be done Friday."

Today, there was a hearing scheduled for status of jurors. On October 17, a hearing is scheduled on the motion to dismiss the 25 year to life firearm enhancement and and an evidentiary hearing on the motion for a new trial.

Judge Cribbs presided over the jury trial and will rule on those motions. If Judge Cribbs denies the defense motion for a new trial, then the sentencing that was originally scheduled for October 17 could take place on October 19.

Prosecutors for the case are Deputy District Attorney Luke Bernthal and Deputy DA Trent Timm. Deputy Public Defender Casey Russo is representing Goldberg.

The link below has information on motion for a new trial and juror misconduct.

https://www.shouselaw.com/jury-misconduct.html

From Shouse law:

"It's not enough that the jury engages in misconduct.  The critical issue is whether that misconduct leads to incurable prejudice.  However, a juror's misconduct.any misconduct.creates a rebuttable presumption of prejudice."

"That said, an adverse defense verdict (that is, a guilty verdict) will only be reversed or vacated when "the court finds a substantial likelihood that the vote of one or more jurors was influenced by exposure to prejudicial matter relating to the defendant or to the case itself that was not part of the trial record on which the case was submitted to the jury".

"When there are allegations of juror misconduct, it is the California judge's duty to investigate those allegations.  However, how to conduct that investigation and the determination as to whether one or more jurors has truly engaged in jury misconduct are matters that are purely within the judge's discretion."

Recent posts:
https://johnchiv.blogspot.com/2018/10/supplemental-declaration-from-juror-9.html?m=1

https://johnchiv.blogspot.com/2018/08/attorneys-meet-in-goldberg-case.html?m=1

https://johnchiv.blogspot.com/2018/08/attorneys-meet-in-goldberg-case.html?m=1

https://johnchiv.blogspot.com/2018/08/funding-request-granted-to-defense-in.html?m=1

https://johnchiv.blogspot.com/2018/07/slight-change-in-dates-scheduled-in-jon.html?m=1

https://johnchiv.blogspot.com/2018/06/defense-motion-for-new-trial-in-godberg.html?m=1