Can a jury be found to have reached the same verdict in the penalty phase as a result of misconduct?

California, United States of America

The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):

People v. Watson (1956) 46 Cal.2d 818, 836, 299 P.2d 243 ) that the jury would have reached the same verdict in the absence of the court's misconduct.
Our prejudice inquiry is more difficult with respect to the penalty phase, where the jury's role "is not merely to find facts, but also and most important to render an individualized, normative determination about the penalty appropriate for the particular defendant." ( People v. Brown (1988) 46 Cal.3d 432, 448, 250 Cal.Rptr. 604, 758 P.2d 1135.)

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