California, United States of America
The following excerpt is from People v. Burdick, E071253 (Cal. App. 2020):
However, "we do not reverse unanimous verdicts because there is some possibility the juror was improperly influenced. Rather, the likelihood of bias under the inherent prejudice test 'must be substantial.' [Citation.]" (People v. Danks (2004) 32 Cal.4th 269, 305.)
"Whether prejudice arose from juror misconduct . . . is a mixed question of law and fact subject to an appellate court's independent determination." (People v. Nesler (1997) 16 Cal.4th 561, 582.) However, "[w]e accept the trial court's credibility determinations and findings on questions of historical fact if supported by substantial evidence." (Ibid.)
3. Analysis
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