Juror's knowledge of material fact

22-3413. Juror's knowledge of material fact. If a juror has personal knowledge of any fact material to the case, he must inform the court and shall not speak of such fact to other jurors out of court. If a juror has personal knowledge of a fact material to the case, gained from sources other than evidence presented at trial and shall speak of such fact to other jurors without the knowledge of the court or the defendant, he may be adjudged in contempt and punished accordingly. History: L. 1970, ch. 129, § 22-3413; July 1. Source or Prior Law: 62-1408, 62-1445. CASE ANNOTATIONS 1. No error for failure to grant new trial after discovery of juror misconduct; judicial discretion. State v. Arney, 218 Kan. 369, 371, 544 P.2d 334. 2. Rights to fair and impartial jury and to confront witnesses when juror acquainted with defendant and witness examined. State v. Turley, 17 Kan. App. 2d 484, 486, 840 P.2d 529 (1992). 3. Cited in holding trial judge's refusal to recall jury and determine whether juror misconduct introduced extraneous evidence was error. Saucedo v. Winger, 252 Kan. 718, 725, 850 P.2d 908 (1993). 4. Mentioned in discussion of standards of review, failure to give unanimity instruction. State v. Voyles, 284 Kan. 239, 253, 160 P.3d 794 (2007). 5. Jury instruction on K.S.A. 21-3764 held clearly erroneous; defendant must have knowledge of the theft detection device. State v. Davison, 41 Kan. App. 2d 70, 199 P.3d 1278 (2009). 6. Conviction under K.S.A. 21-3413 upheld; jury rejects mental disease or defect defense. State v. Hunter, 41 Kan. App. 2d 507, 203 P.3d 23 (2009). 7. Statute creates a procedural hurdle when a party fails to object because the statute establishes a preservation rule for instruction claims on appeal. State v. Potts, 304 Kan. 687, 701, 374 P.3d 639 (2016). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026