California, United States of America
The following excerpt is from Pratt, In re, 69 Cal.App.4th 1294, 82 Cal.Rptr.2d 260 (Cal. App. 1999):
Similarly, as stated in the context of reviewing a question of juror misconduct, "[w]e accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence. [Citations.] Whether prejudice arose from juror misconduct, however, is a mixed question of law and fact subject to an appellate court's independent [69 Cal.App.4th 1315] determination. [Citations.]" (People v. Nesler (1997) 16 Cal.4th 561, 582, 66 Cal.Rptr.2d 454, 941 P.2d 87.) 17
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