State v. Hall (2003)

In State v. Hall, 204 Ariz. 442, 448,19, 65 P.3d 90, 96 (2003), the Court analyzed the effect of an ex parte communication between the bailiff and the jury by examining several factors, including, as relevant here, "whether the prejudicial statement was ambiguously phrased" and "whether the statement was insufficiently prejudicial given the issues and evidence in the case." The court also examined the "trial context," which included "the length of time the material was available to the jury; . . . whether the material was introduced before a verdict was reached, and if so at what point in the deliberations; and any other matters which may bear on the issue of the reasonable possibility of whether the extrinsic material affected the verdict." Id.