How have courts dealt with the issue of misconduct on appeal?
California, United States of America
The following excerpt is from People v. Rowe-Manns, C072576 (Cal. App. 2014):
On appeal, the defendant contended the trial court erred in not substituting the alternate juror after it was learned one juror " 'committed misconduct' " by reading the article. (People v. McIntyre, supra, 115 Cal.App.3d at p. 905.) The appellate court found defendant forfeited the argument because after the juror was examined, defendant made no motion for a mistrial nor did he request substitution of the alternate juror. (Id. at p. 906.)
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