Can a comment made by a member of the jury during jury deliberations affect a jury's verdict?

In reviewing Barraza's habeas petition, the district court applied the factors emphasized in Bayramoglu v. Estelle, 806 F.2d at 887, noting that the material was received by jurors, was available to them for a significant period, was actually discussed by jurors and was introduced before a verdict was reached. The court found that "the extrinsic material could have affected the verdict. The offending comment buttresses this conclusion."

Under Brecht v. Abrahamson, however, the misconduct could not have had "a substantial and injurious effect or influence" on the jury's verdict due to the lack of any plausible connection between the extraneous material and the case. The article concerned Barraza's brother, not Barraza. It therefore did not fall within the court's admonition to the jury that it not consider outside materials concerning the case. The improper comment by one juror, while crass and arguably racially charged, does not overshadow the very limited relevance of the article itself.