The following excerpt is from U.S. v. Soulard, 730 F.2d 1292 (9th Cir. 1984):
In general, the standard of review for a trial court's decisions regarding jury incidents is abuse of discretion. See United States v. Hendrix, 549 F.2d 1225, 1227-29 (9th Cir.), cert. denied, 434 U.S. 818, 98 S.Ct. 58, 54 L.Ed.2d 74 (1977); United States v. Armstrong, 654 F.2d 1328, 1332 (9th Cir.1981), cert. denied, 454 U.S. 1157, 102 S.Ct. 1032, 71 L.Ed.2d 315 (1982). In responding to charges of juror misconduct or bias, a trial court has the power "to discriminate on the basis of their content, their source, and the nature of the alleged misconduct." United States v. Hendrix, 549 F.2d at 1227-28 & n. 2. A trial court has considerable discretion in determining whether to hold an investigative hearing on allegations of jury misconduct or bias and in defining its nature and extent. Id. at 1227.
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