What is the test for granting a new trial in a case where a jury member has been found guilty of misconduct?

California, United States of America


The following excerpt is from People v. White, 191 Cal.Rptr.3d 299, 237 Cal.App.4th 1087 (Cal. App. 2015):

Section 1181, subdivision 3, provides that the trial court may grant a new trial when the jury has ... been guilty of any misconduct by which a fair and due consideration of the case has been prevented [citation]. [] We first determine whether there was any juror misconduct. Only if we answer that question affirmatively do we consider whether the misconduct was prejudicial. (People v. Collins (2010) 49 Cal.4th 175, 242, 110 Cal.Rptr.3d 384, 232 P.3d 32.)

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