Does the failure to conduct a timely inquiry into juror misconduct constitute prejudicial error?
California, United States of America
The following excerpt is from People v. Burgener, 224 Cal.Rptr. 112, 41 Cal.3d 505, 714 P.2d 1251 (Cal. 1986):
However, one need not engage in such supposition to identify the reversible error in this case. People v. McNeal (1979) 90 Cal.App.3d 830, 153 Cal.Rptr. 706, provides ample reason why the trial court's failure to conduct a timely inquiry into the alleged juror misconduct was prejudicial error.
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