California, United States of America
The following excerpt is from People v. Barber, 102 Cal.App.4th 145, 124 Cal.Rptr.2d 917 (Cal. App. 2002):
stated the jury was deadlocked. Moreover, the trial court had the duty to conduct a reasonable inquiry into juror misconduct consistent with defendant's right to a fair trial. (People v. Engelman (2002) 28 Cal.4th 436, 442, 121 Cal.Rptr.2d 862, 49 P.3d 209.) Such constitutional issues may be reviewed on appeal even where the defendant did not raise them below. (People v. Allen (1974) 41 Cal.App.3d 196, 201, fn. 1, 115 Cal.Rptr. 839; People v. Norwood (1972) 26 Cal. App.3d 148, 153, 103 Cal.Rptr. 7 ["A matter normally not reviewable upon direct appeal, but ... vulnerable to habeas corpus proceedings based upon constitutional grounds may be considered upon direct appeal ..."].)
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