In re Hitchings

In In re Hitchings (1993) 6 Cal.4th 97, after defendant was convicted, a juror was reported to have made up her mind about the case before being chosen, to have prior knowledge about the case, and to have discussed the case at her workplace while a juror. (Hitchings, supra, 6 Cal.4th at pp. 103, 110.) The defendant filed a writ of habeas corpus alleging juror misconduct, and the court agreed. (Id. at pp. 103, 116, 118.) The court stated that juror misconduct involving the concealment of material information of voir dire raises a presumption of prejudice. (Id. at p. 119.) The court found that the juror intentionally concealed her knowledge of the case and spoke to a friend about the case while a sitting juror. The People had failed to rebut the presumption of prejudice that arose from these conditions. (Id. a p. 122.)