What is the test for determining if a jury has been found guilty of misconduct?

Juror misconduct raises a rebuttable presumption of prejudice. (People v. Dykes (2009) 46 Cal.4th 731, 809.) A trial court presented with evidence of juror misconduct must consider "whether the evidence suggests a substantial likelihood that one or more jurors were biased by the misconduct." (Ibid.) The court has discretion to determine whether to conduct an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct. (Ibid.) A defendant is not entitled to an evidentiary hearing as a matter of right, however. A hearing should be held only when the defendant has come forward with evidence establishing a strong possibility that prejudicial misconduct has occurred. (Ibid.) "The trial court's decision whether to conduct an evidentiary hearing on the issue of juror misconduct will be

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reversed only if the defendant can demonstrate an abuse of discretion." (Id. at p. 810.)