People v. Manns CA3

DISCUSSION

I Juror Misconduct Defendant contends his convictions must be reversed because of juror misconduct. Not so. Prior to the giving of opening statements, the court instructed the jurors that they were not to discuss the case with anyone, including people with whom they lived, those whom they encountered from time to time, and the other jurors and alternates. The jurors were instructed that the first time they were to talk about the case would be when they were deliberating and all 12 were present. After the testimony was completed and both sides had rested, the prosecutor informed the court that while she was out sick the previous week, the prosecutor who was

3 standing in for her told her of a potential problem involving a juror or jurors discussing the case and she wanted to know if the issue had been addressed in her absence. The court responded, “I think it was discussed, but we never confronted the juror or jurors about it. And it seems a little late to be doing that now. [¶] I think in the realm of the interruption in the flow of the trial, because I overlooked it and then nobody else raised it again.” Because it was defense counsel who had first brought the…