The standard of review for reversing a lower court's ruling on a motion for mistrial requires clear and convincing evidence that the trial court's ruling was erroneous. Because the trial court is in the best position to observe the jurors and determine the potential for prejudice when allegations of jury misconduct are raised, the court has significant latitude when ruling on these matters, and its determination is given considerable weight by this court. State v. McNatt, 257 Mont. 468, 471, 849 P.2d 1050, 1052 (1993). In Montana, if jury misconduct is shown tending to injure the defendant, prejudice to the defendant is presumed. However, this presumption is not absolute and may be rebutted by testimony of the juror showing facts which prove that prejudice or injury did not occur. State v. Murray, 228 Mont. 125, 130, 741 P.2d 759, 762 (1987).