California, United States of America
The following excerpt is from People v. Vigil, 11 Cal. Daily Op. Serv. 1138, 120 Cal.Rptr.3d 643, 191 Cal.App.4th 1474, 2011 Daily Journal D.A.R. 1 (Cal. App. 2011):
"Jury misconduct raises a presumption of prejudice, and ' "unless the **653 prosecution rebuts that presumption ..., the defendant is entitled to a new trial." ' " ( Cumpian, supra, 1 Cal.App.4th at p. 312, 1 Cal.Rptr.2d 861.) The presumption of prejudice may be rebutted 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.' " ( People v. Miranda (1987) 44 Cal.3d 57, 117, 241 Cal.Rptr. 594, 744 P.2d 1127.) " 'Whether a defendant has been prejudiced ... depends upon "whether the jury's impartiality has been adversely affected, whether the prosecution's burden of proof has been lightened and whether any asserted defense has been contradicted." ' " ( Cumpian, at p. 312, 1 Cal.Rptr.2d 861.)
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