California, United States of America
The following excerpt is from People v. FRANKLIN, G042475, No. 07WF1009 (Cal. App. 2011):
"Where a party seeks a new trial based upon jury misconduct, the court must undertake a three-step inquiry. First, the court must determine whether the evidence presented for its consideration is admissible. [Citations.]" (People v. Duran (1996) 50 Cal.App.4th 103, 112-113.) "Once the court finds the evidence is admissible, it must then consider whether the facts establish misconduct. [Citations.] [] Finally, if misconduct is found to have occurred, the court must determine whether the misconduct was prejudicial. [Citations.]" (Id. at p. 113.)
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