California, United States of America
The following excerpt is from People v. Singh, C075295 (Cal. App. 2018):
By contrast, if the alternate is present in the jury room without authority to be there, the "error is properly analyzed as a species of jury misconduct to which a presumption of prejudice applies and which does not merit reversal if the error is shown to have caused no prejudice." (Brassfield v. Moreland School Dist. (2006) 141 Cal.App.4th 67, 72.)
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