Does the jury commit misconduct if it considers inadmissible evidence it has inadvertently provided?
California, United States of America
The following excerpt is from People v. Ortiz, B230181 (Cal. App. 2012):
A jury does not commit misconduct if it considers inadmissible evidence it has inadvertently been provided. (People v. Gamache (2010) 48 Cal.4th 347, 397-398.) The jury's consideration of such evidence is only ordinary error, not misconduct. (Id. at p. 398; People v. Clair (1992) 2 Cal.4th 629, 665, 667-668 [consideration by the jury of an unredacted audiotape and a transcript of the defendant's statements to the police, which
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