What is the test for making a prima facie showing of juror misconduct?
California, United States of America
The following excerpt is from People v. Peters, A131097, A132226 (Cal. App. 2013):
When evaluating whether a defendant has made a prima facie showing of juror misconduct under Code of Civil Procedure section 237, we bear in mind that such misconduct may only be proven by "overt acts or statements that are objectively ascertainable by sight, hearing, or the other senses. (People v. Danks (2004) 32 Cal.4th 269, 302, []; Evid. Code, 1150, subd. (a).) No evidence may be presented concerning the subjective reasoning processes of a juror that can neither be corroborated nor
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