California, United States of America
The following excerpt is from People v. Force, 170 Cal.App.4th 797, 89 Cal. Rptr. 3d 50 (Cal. App. 2009):
In People v. Ybarra (2008) 166 Cal.App.4th 1069 [83 Cal.Rptr.3d 340], the Court of Appeal affirmed the denial of a new trial motion based on juror misconduct where a juror testified that "after initial balloting showed nine votes for conviction and three votes (including hers) for acquittal a majority juror said the minority jurors were playing `the devil's advocate,' which to her `was like the devil's helper' .... She characterized the deliberations as `intense' and the majority jurors and herself alike as `mad.' She described the tone of the majority jurors as `"Hurry up and just say yes"' and the response of the minority jurors as acquiescence `little by little' in the will of the majority jurors. She said she `wanted to get out of it' but said nothing after a
[170 Cal.App.4th 827]
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