People v. Budzyn

In People v. Budzyn, 456 Mich 77; 566 NW2d 229 (1997), the Supreme Court of Michigan held that in order to establish that extrinsic influence presented in jury deliberations was error requiring reversal, the defendant must, as a threshold matter, establish the following: First, the defendant must prove that the jury was exposed to extraneous influences. Second, the defendant must establish that these extraneous influences created a real and substantial possibility that they could have affected the jury's verdict. Id. at 88-89. Elaborating on a defendant's burden in establishing the second prong of this test, the Court stated: Generally . . . the defendant will demonstrate that the extraneous influence is substantially related to a material aspect of the case and that there is a direct connection between the extrinsic material and the adverse verdict. If the defendant establishes this initial burden, the burden shifts to the people to demonstrate that the error was harmless beyond a reasonable doubt. Id. at 89.