What is the test for determining whether prejudice arose from juror misconduct?

California, United States of America


The following excerpt is from Marinovic v. Serrano, E070214 (Cal. App. 2020):

On review from a trial court's determination of whether juror misconduct occurred, "'"[w]e accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence."'" (Barboni v. Tuomi (2012) 210 Cal.App.4th 340, 345.) "Whether prejudice arose from juror misconduct, however, is a mixed question of law and fact subject to an appellate court's independent determination." (People v. Nesler (1997) 16 Cal.4th 561, 582.)

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