What is the test for finding a juror guilty of misconduct?
California, United States of America
The following excerpt is from The People v. Ivory, A123557, No. C154045 (Cal. App. 2010):
However, "not every incident involving a juror's conduct requires or warrants further investigation." (People v. Cleveland (2001) 25 Cal.4th 466, 478.) A court is only
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required to make whatever inquiry is necessary to resolve questions of juror misconduct "when the defense comes forward with evidence that demonstrates a 'strong possibility' of prejudicial misconduct." (People v. Hayes (1992) 21 Cal.4th 1211, 1255.)
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