People v. Hampton
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Weeks after Hampton left his employment at a restaurant, the restaurant was robbed. During Hampton's January 2022 trial, the judge dismissed two jurors for reasons related to COVID-19 and seated the two remaining alternate jurors. After jury deliberations began, the judge was called away by a personal emergency. Another judge took her place. A juror subsequently tested positive for COVID-19. Hampton claimed that the original judge had made an off-the-record ruling prohibiting remote deliberations. After consulting the original judge, the substitute judge denied a mistrial and permitted the COVID-positive juror to deliberate remotely for one day, after which the jury returned its verdicts. The foreperson disclosed that the jury agreed on the verdicts while all the jurors were present in person; during the remote deliberations, the jury discussed only the lesser weapon enhancements on which it hung. Hampton was convicted of felony counts of second-degree robbery and false imprisonment but acquitted of accompanying firearm enhancements, and placed on probation for three years.
The court of appeal affirmed, rejecting arguments that the substitute judge improperly relied on ex parte communications with the original judge and that the jury deliberations in which one juror participated remotely were unauthorized and unconstitutional. The judges’ communications were ethical and did not deny Hampton a fair trial. Any error in permitting the jury to deliberate remotely for one day was harmless because that deliberation did not result in a finding of guilt.
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