The following excerpt is from Cabrera v. Allison, 1:09-cv-01543 AWI MJS HC (E.D. Cal. 2012):
Three Strikes Law.10 The state court considered the discussion to be juror misconduct but that there was no substantial likelihood of harm based on statements of several jurors who explained that the discussion occurred after the initial verdicts were made and the jurors were waiting for corrected verdict forms, and that the foreperson admonished the jury to not concern themselves with punishment.
United States v. Ruiz Montes, 628 F.3d 1183, 1187 (9th Cir. Cal. 2011)
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