Bryant

A verdict may be overturned and a new trial granted for jury misconduct demonstrated by the sworn affidavit of a juror. In this case, both the defense and prosecution presented unsworn statements of jurors on the issue of jury misconduct, and at the urging of the trial court, the parties agreed to waive any objection to the unsworn statements in order to allow the court to reach the merits of the issue. In other words, defense counsel and the prosecutor agreed that 13 unsworn juror statements had been made under penalty of perjury. Based upon the unsworn juror statements, the court found misconduct occurred when a juror accessed the Internet by cellular phone for a definition of reasonable doubt and when the jury considered punishment. The court denied the motion for new trial, without holding an evidentiary hearing, ruling that the presumption of prejudice arising from jury misconduct was rebutted.

*1461 In light of the policy in favor of upholding the integrity of jury verdicts, and the complementary rule that jury misconduct may warrant a new trial when shown by sworn juror affidavits, we hold that a new trial may not be granted in the absence of sworn juror…