California, United States of America
The following excerpt is from The People v. Mays, H034465, No. CC475357 (Cal. App. 2011):
judged by a review of the entire record, and may be found to be nonprejudicial. The verdict will be set aside only if there appears a substantial likelihood of juror bias. Such bias can appear in two different ways.' " (People v. Danks (2004) 32 Cal.4th 269, 303.)
" 'First, we will find bias if the extraneous material, judged objectively, is inherently and substantially likely to have influenced the juror.' [Citation.] 'Under this standard, a finding of "inherently" likely bias is required when, but only when, the extraneous information was so prejudicial in context that its erroneous introduction in the trial itself would have warranted reversal of the judgment. Application of this "inherent prejudice" test obviously depends upon a review of the trial record to determine the prejudicial effect of the extraneous information.' " (People v. Danks, supra, 32 Cal.4th at p. 303.)
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