Is there a "bright line test" for determining whether a defendant has suffered prejudice from an instance of juror misconduct?
MultiRegion, United States of America
The following excerpt is from USA. v. Saya, 247 F.3d 929 (9th Cir. 2001):
We do not have a "bright line test for determining whether a defendant has suffered prejudice from an instance of juror misconduct," Sassounian v. Roe, 230 F.3d 1097, 1109 (9th Cir. 2000), but instead weigh a number of factors to determine whether the jury's exposure to extraneous information necessitates a new trial. These factors include:
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