The following excerpt is from U.S. v. Bagnariol, 665 F.2d 877 (9th Cir. 1981):
However simple it might be if every question on appeal could be solved by applying a per se test of some sort, that is not realistic. 5 Cases in which convicted defendants challenge their verdicts based on alleged juror misconduct require a considered review of the details and circumstances of each case. United States v. Marques, 600 F.2d 742, 747 (9th Cir. 1979), cert. denied, 444 U.S. 1019, 100 S.Ct. 674, 62 L.Ed.2d 649 (1980); United States v. Alessio, 528 F.2d 1079 (9th Cir.), cert. denied, 426 U.S. 948, 96 S.Ct. 3167, 49 L.Ed.2d 1184 (1976).
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