California, United States of America
The following excerpt is from People v. Melara, B289019 (Cal. App. 2020):
" 'When a party seeks a new trial based upon jury misconduct, a court must undertake a three-step inquiry. The court must first determine whether the affidavits supporting the motion are admissible under Evidence Code section 1150, subdivision (a).' [Citation.] 'If the evidence is admissible, the court must then consider whether the facts establish misconduct. [Citation.] Finally, assuming misconduct, the court must determine whether the misconduct was prejudicial.' " (People v.
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Engstrom (2011) 201 Cal.App.4th 174, 182.) We independently review the trial court's denial of defendant's new trial motion. (People v. Ault (2004) 33 Cal.4th 1250, 1261-1262.)
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