Is a juror's conversation with a prosecution witness during the trial of a defendant's motion for a motion for mistrial reviewed on appeal?

A trial court's decision to deny a motion for mistrial is reviewed only for abuse of discretion. United States v. Bryan, 534 F.2d 205, 207 (9th Cir.1976). "Reviewing courts will not disturb on appeal when extraneous information relates only to issues not material to the guilt or innocence of the defendant." United States v. Bagnariol, 665 F.2d 877, 887 (9th Cir.1981), cert. denied, 456 U.S. 962, 102 S.Ct. 2040, 72 L.Ed.2d 487 (1982).

In United States v. Bryan, supra, a juror had a casual conversation with an important prosecution witness during the course of the trial. The juror questioned the witness about whether he had been in the navy and the juror mentioned that he had once worked as a civilian at a naval facility. On appeal, the court concluded that the conversation was relatively innocuous, and ruled that the trial court had not abused its discretion in denying defendant's motion for mistrial. Id. at 207.