California, United States of America
The following excerpt is from People v. Vigil, 11 Cal. Daily Op. Serv. 1138, 120 Cal.Rptr.3d 643, 191 Cal.App.4th 1474, 2011 Daily Journal D.A.R. 1 (Cal. App. 2011):
"When a defendant moves for a new trial based on jury misconduct, the trial court undertakes a three-part inquiry. 'First, the court must determine whether the evidence presented for its consideration is admissible.... [] Once the court finds the evidence is admissible, it must then consider whether the facts establish misconduct.... [] Finally, if misconduct is found to have occurred, the court must determine whether the misconduct was prejudicial.' " ( People v. Sanchez (1998) 62 Cal.App.4th 460, 475, 72 Cal.Rptr.2d 782.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.