What is the test for determining whether a defendant has been found guilty of misconduct on a jury?

California, United States of America


The following excerpt is from Votta v. Alinsod, G050831 (Cal. App. 2016):

The final factor is whether the juror misconduct prejudiced defendant. "Once juror misconduct is established, a presumption of prejudice arises. [Citation.] This presumption may be rebutted only by 'an affirmative evidentiary showing that prejudice does not exist or by a reviewing court's examination of the entire record to determine whether there is a reasonable probability of actual harm to the complaining party resulting from the misconduct.' [Citations.]" (Glage v. Hawes Firearms Co. (1990) 226 Cal.App.3d 314, 321, italics omitted.)

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