What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations?

California, United States of America

The following excerpt is from People v. Parker, C068847 (Cal. App. 2012):

After reviewing the totality of the circumstances, the trial court found there was no basis to conclude that the jury was impacted by the audio recording. And there is no evidence that any juror was unable to put aside his or her impressions or opinions based upon the audio. (People v. Nesler, supra, 16 Cal.4th at p. 583.) The record fails to show any prejudicial juror misconduct or any likelihood of juror bias.

Defendant's motion for a new trial was properly denied.

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What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations?

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