Does a jury's use of a magnifying glass to examine evidence constitute extrinsic evidence?

MultiRegion, United States of America

The following excerpt is from U.S. v. George, 56 F.3d 1078 (9th Cir. 1995):

The court also correctly concluded that the jurors' use of a magnifying glass, in and of itself, did not constitute extrinsic evidence. See United States v. Brewer, 783 F.2d 841, 843 (9th Cir.1986), cert. denied, 479 U.S. 831, 107 S.Ct. 118, 93 L.Ed.2d 64 (1986) (holding use of a magnifying glass indistinguishable from a juror's use of corrective eyeglasses to examine evidence); United States v. Miranda, 986 F.2d 1283, 1286 (9th Cir.1993), cert. denied, --- U.S. ----, 113 S.Ct. 2393, 124 L.Ed.2d 295 (1993) (noting that defendant alleging juror misconduct involving magnifying glass conceded, "as he must," that a magnifying glass is not extrinsic evidence).

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