What is the test for a motion for a new trial for juror misconduct?

California, United States of America

The following excerpt is from The People v. Rodriguez-ponce, A124696, No. 05-050039-7 (Cal. App. 2010):

Before granting a motion for new trial, "the trial court must make its independent determination,... [citation], both that error occurred, and that the error prevented the complaining party from receiving a fair trial. [Citation.]" (People v. Ault (2004) 33 Cal.4th 1250, 1262.) Whether juror misconduct resulted in prejudice warranting a new trial is a mixed question of law and fact that the appellate court independently reviews.

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