California, United States of America
The following excerpt is from People v. Mejia, A132998 (Cal. App. 2012):
"We first determine whether there was any juror misconduct. Only if we answer that question affirmatively do we consider whether the conduct was prejudicial." (People v. Collins (2010) 49 Cal.4th 175, 242.) "To succeed on a claim of juror misconduct, 'defendant must show misconduct on the part of a juror; if he does, prejudice is presumed; the state must then rebut the presumption or lose the verdict. [Citation.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1178.) "[I]n determining
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whether misconduct occurred, '[w]e accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence. [Citations.]' [Citation.] " (People v. Majors (1998) 18 Cal.4th 385, 424-425.)
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