Can a sitting juror discuss the trial with nonjurors or receive extraneous information concerning the trial?

California, United States of America


The following excerpt is from The People v. Foreman, D055887, No. FVI023703 (Cal. App. 2010):

A sitting juror's discussions about the trial with nonjurors or receipt of extraneous information concerning the trial constitutes misconduct. (People v. Danks, supra, 32 Cal.4th at pp. 302, 304.) Here, the record supports the court's finding that there was no such misconduct arising from the juror's PDA use. When the court and counsel discussed the juror's PDA use prior to the jury's verdict, the court noted that the complaining jurors did not know the nature of the juror's PDA use. Thus, the court and counsel apparently recognized that the PDA use could have been innocuous and unrelated to the trial. Further, although the jury had been admonished not to discuss the case with nonjurors or access outside information about the case (including through the Internet), there was no admonishment telling the jury not to use electronic communication devices during

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