California, United States of America
The following excerpt is from People v. Mejia, A132998 (Cal. App. 2012):
Having found misconduct, we must " 'determine whether the misconduct was prejudicial. . . .' [Citation.]" (People v. Bryant (2011) 191 Cal.App.4th 1457, 1467.) "Prejudice is presumed where there is misconduct. This presumption can be rebutted by a showing no prejudice actually occurred 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. Loot (1998) 63 Cal.App.4th 694, 697.) " '[W]hether an individual verdict must be overturned for jury misconduct or irregularity " ' "is resolved by reference to the substantial likelihood test, an objective standard." ' " [Citation.] Any
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presumption of prejudice is rebutted, and the verdict will not be disturbed, if the entire record in the particular case, including the nature of the misconduct or other event, and the surrounding circumstances, indicates there is no reasonable probability of prejudice, i.e., no substantial likelihood that one or more jurors were actually biased against the defendant. [Citations.]' [Citation.] We independently determine whether there was such a reasonable probability of prejudice." (People v. Harris, supra, 43 Cal.4th 1269, 1303-1304.)
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