What is the test for a motion for a new trial for abuse of the abuse of a juror?

MultiRegion, United States of America

The following excerpt is from U.S. v. George, 56 F.3d 1078 (9th Cir. 1995):

This court reviews a district court's denial of a motion for a new trial for an abuse of discretion. United States v. LaFleur, 971 F.2d 200, 206 (9th Cir.1991), cert. denied, --- U.S. ----, 113 S.Ct. 1292, 122 L.Ed.2d 683 (1993). Although an appeals court reviews allegations of juror misconduct independently, it should accord "substantial weight" to the district court's conclusions as to the effect of the alleged misconduct. Id.

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