The following excerpt is from Marino v. Vasquez, 812 F.2d 499 (9th Cir. 1987):
In United States v. Bagnariol, 665 F.2d 877 (9th Cir.1981), cert. denied, 456 U.S. 962, 102 S.Ct. 2040, 72 L.Ed.2d 487 (1982), this court observed that reversible error commonly occurs where there is a direct and rational connection between the extrinsic material and a prejudicial jury conclusion, and where the misconduct relates directly to a material aspect of the case. Id. at 885. As to the dictionary definition, the record here supports the conclusion that there was both a direct connection between the extrinsic material and the jury's verdict, as evidenced by the holdout juror's change of verdict, and misconduct relating to a material aspect of the case, the definition of the element of malice. The concept of malice goes to the very heart of the deliberative process of a jury in a murder case. In the case at bar the presence or absence of malice was pivotal, as there were no issues as to mistaken identity, causation, or diminished capacity. Similarly, the unauthorized out-of-court experiment with the gun relates to the defense theory of self-defense, which was a material element in this trial for murder. There is a rational connection between the kind of extrinsic evidence introduced, relating to the credibility of a defense of self-defense, and a verdict of guilty of second degree murder.
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