People v. Ault

In People v. Ault (2004) 33 Cal.4th 1250, the California Supreme Court addressed the mixed fact-law question whether juror misconduct was so prejudicial as to warrant a new trial under the abuse of discretion standard, concluding that de novo review need not apply even if the prejudice issue was a mixed question of law and fact. (Id. at p. 1255.) In rendering its decision, our high court noted several considerations influenced the standard of review, including the importance of the legal rights at stake and the consequences of an erroneous determination in the particular case. (Id. at pp. 1265-1266.)