If an alternate is present in the jury room without authority to be there, can the alternate be struck off?
California, United States of America
The following excerpt is from People v. Singh, C075295 (Cal. App. 2018):
By contrast, if the alternate is present in the jury room without authority to be there, the "error is properly analyzed as a species of jury misconduct to which a presumption of prejudice applies and which does not merit reversal if the error is shown to have caused no prejudice." (Brassfield v. Moreland School Dist. (2006) 141 Cal.App.4th 67, 72.)
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