The People, Plaintiff and Respondent v. Floyd Lavender, Defendants and Appellant; the People, Plaintiff And…

Summary

The court held that juror discussion of defendants' decisions not to testify constituted misconduct giving rise to a presumption of prejudice, but that prejudice was not categorically irrebuttable merely because jurors discussed an inference of guilt. A prompt reminder of the court's instructions, absent objective evidence that the reminder was ineffective, can strongly rebut the presumption. Because material factual conflicts remained concerning the nature and scope of the discussion and whether the jury was admonished, the court remanded for the trial court to reconsider the motion for new trial.