Wow. So many time we suspect that juror misconduct exists, but we just can’t prove it. Here’s a sad case of actually being able to prove juror misconduct, and still losing the day.
During the jury’s deliberations, one of the jurors used his iPhone to find a definition of reasonable doubt and shared that definition with the rest of the jurors. (Amazing. They get a jury instruction on this and they still need to Google it. SO much for promising to follow court instructions)
This is really obvious jury misconduct. But at the hearing on the motion for a new trial, the parties stipulated to unsworn statements of the jurors. The California Court of Appeal says that juror statements relating to jury misconduct must be sworn. They remand so a proper hearing can be conducted.
People v. Bryant; 2011 DJ DAR 1263; DJ, 1/25/11; C/A 2nd, Div. 5