Can a defense counsel voir dire the prospective jurors to determine if they knew the vote of the first jury?

California, United States of America


The following excerpt is from People v. Thompson, 266 Cal.Rptr. 309, 50 Cal.3d 134, 785 P.2d 857 (Cal. 1990):

Defendant cites People v. Carmichael (1926) 198 Cal. 534, 542-546, 246 P. 62, 18 in which this court held that at a second trial defense counsel could voir dire the prospective jurors to determine whether they knew the vote of the first jury. Defendant contends that the court at his penalty retrial was required, sua sponte, to determine whether defendant desired to inform the new penalty phase jury of the vote of the deadlocked jury at the first penalty trial and, if so, to so inform the new jury.

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