Opinion
S151362
06-08-2017
BELL (STEVEN M.) ON H.C.
Opinion filed: Order to show cause discharged
The testimony of M.H. and S.H. provides substantial evidence to support the referee's conclusion the alleged jury misconduct did not occur. Giving great weight to the referee's factual findings based on her determination of witness credibility, we adopt those findings and, on that basis, conclude that petitioner has failed to prove by a preponderance of the evidence his claim that trial Juror M.H. committed misconduct by discussing the case with her husband during the period of the penalty deliberations.
Because our order to show cause and our reference order were limited to this claim, we do not here address any other claim set forth in the petition. The remaining claims will be resolved by a separately filed order.
The order to show cause is discharged.
Majority Opinion by Werdegar, J.
-- joined by Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.