Can a juror be found to have improperly obtained personal information about a defendant prior to their trial?

California, United States of America


The following excerpt is from People v. Esquivel, B269545 (Cal. App. 2018):

Esquivel contends the trial court erred by failing to conduct an inquiry into possible juror misconduct. "'An accused has a constitutional right to a trial by an impartial jury. [Citations.] An impartial jury is one in which no member has been improperly influenced [citations] and every member is "'capable and willing to decide the case solely on the evidence before it'" [citations].' [Citation.]" (People v. Hensley (2014) 59 Cal.4th 788, 824.)

A juror's receipt of information about a party or the case outside of the evidence presented at trial is improper and is considered juror misconduct even if the juror receives the information passively or involuntarily. (People v. Cowan (2010)

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