How is prejudice arising from juror misconduct determined by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Bell, D057177, Super. Ct. No. FVI025088 (Cal. App. 2011):
An appellate court reviews independently the determination of prejudice arising from juror misconduct, but the trial court's credibility determinations and factual findings are reviewed under the more deferential substantial evidence standard. (People v. Nesler (1997) 16 Cal.4th 561, 582 & fn. 5.)
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