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P1413 A juror's applause during an attorney's closing statement constituted technical misconduct. because it demonstrated that the juror had already formed an opinion, but it is unrealistic to demand theoretical perfection from every jury during the course of a trial, and the misconduct was not sufficiently serious to require a new trial; a juror's reference to her own accounting expertise during deliberations was not prejudicial misconduct without evidence that her decision was made on the basis of extraneous information.CitationBANDANA TRADING v QUALITY INFUSION (Applauding Juror) 164 CA4 1440 [See: In re Carpenter 9 C4 634]
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