What is the test for overturning a verdict for jury misconduct or irregularity?

California, United States of America


The following excerpt is from People v. Rosales, H045615 (Cal. App. 2021):

"[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 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." (People v. Hamilton, supra, 20 Cal.4th at p. 296, italics omitted.)

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