How have courts dealt with inadmissible evidence that has been left in the jury room?

MultiRegion, United States of America

The following excerpt is from U.S. v. Bagnariol, 665 F.2d 877 (9th Cir. 1981):

In United States v. Vasquez, 597 F.2d 192 (9th Cir. 1979), the court's official file was left in the jury room. It contained inadmissible evidence that the court had denied a motion to dismiss and that the defendant previously had been prosecuted for a similar offense. Noting the highly prejudicial nature of the extraneous information and the extent of the jurors' examination of the file, the court reversed.

While examining an admitted exhibit, a shirt belonging to the defendant, the jury in Farese v. United States, 428 F.2d 178 (5th Cir. 1970), found a large amount of cash in a pocket. Finding a "strong probability of prejudice to the defendant then on trial upon a charge involving unlawful monetary gain," the court reversed. 428 F.2d at 182.

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