When will a jury consider and deny a motion for a new trial on the basis of juror misconduct?

Defendant's discussion suggests that we should reweigh the evidence and make an independent determination of the credibility of witnesses. However, if the trial court did, in fact, consider and deny a motion for new trial on the basis of juror misconduct, as defendant has insisted, we independently review only questions of law; we must accept the trial court's factual findings and credibility determinations. (People v. Nesler (1997) 16 Cal.4th 561, 582.) Thus, we decline to determine prejudice by disregarding circumstantial evidence, by resolving conflicts, or by relying on defects in V.'s memory of events which took place over a period of years or rebellious or other bad behavior V. displayed as a teenager.

Further, the jurors were well instructed in how to evaluate circumstantial evidence and the credibility witnesses, including child witnesses, and how to resolve conflicts in testimony. As there is no indication in the record that the jury disregarded these instructions, we presume that the jury understood and followed them. (See People v. Sanchez (2001) 26 Cal.4th 834, 852.)