California, United States of America
The following excerpt is from The People v. Sarem, No.08F04240, No.C061554 (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.... [] 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. [Citations.]" (People v. Duran (1996) 50 Cal.App.4th 103, 112-113.) Defendant's argument fails on the first and second inquiries. Therefore, it is unnecessary to consider prejudice, the third inquiry.
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