What if the court had called three jurors into the courtroom, given them an admonition, and sent them back to the jury room?

California, United States of America


The following excerpt is from People v. Manfredi, F062306 (Cal. App. 2012):

Assuming for the sake of argument that the court should have called the three jurors into the courtroom, given them this admonition, and sent them back to the jury room, we conclude that the failure to do this was not prejudicial. In its charge to the jury, the court said, "You must discuss the case only in the jury room only when all jurors are present." Later, during a break in deliberations, the court told the jury, "Remember you cannot discuss this case with anyone when you're not deliberating not even with each other. If you go to lunch together, you can only discuss the case when all 12 of you are in the jury room ...." We presume jurors understand and follow the court's instructions. (People v. Holt (1997) 15 Cal.4th 619, 662.)

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