Can a district attorney challenge a juror after the jury has retired?

California, United States of America


The following excerpt is from People v. Saugstad, 203 Cal.App.2d 536, 21 Cal.Rptr. 740 (Cal. App. 1962):

Appellants also complain the court committed prejudicial error because it permitted the district attorney to challenge a juror after he had announced that he was satisfied with the jury. There is no merit in this contention. The defense requested a recess after the district attorney announced he was satisfied with the jury and then in the absence of the jury a discussion was had on the question of a change of venue. During this discussion the defense indicated the prospective jury was acceptable. After the jury was recalled the district attorney asked permission of the court to reopen his challenge. The defense objected. After a discussion the court granted the district attorney's request. In the absence of a showing of prejudice to appellants' substantial rights a departure from the procedure prescribed by section 1088 of the Penal Code may not be availed of on appeal. (People v. Hoyt, 20 Cal.2d 306, 125 P.2d 29.)

Other Questions


Is a district attorney immune from prosecution if a press release by the district attorney gives him immunity under the facts? (California, United States of America)
Is the size of the district attorney's office irrelevant when the office has more than 1,000 deputy district attorneys? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
When a minor alleges misconduct by a district attorney during a hearing, does the minor have to prove that the district attorney's comments to the minor constitute misconduct? (California, United States of America)
Can a district attorney request a motion to recuse the office of the District Attorney's Office from prosecution of a charge of sexual assault based on race, religion or other arbitrary classification? (California, United States of America)
What is the test for a defense attorney to argue that a prospective juror's demeanor is a factor in the prosecution's argument for a peremptory challenge? (California, United States of America)
What is the proper procedure for a district attorney's appeal challenging the application of section 654 of the California Criminal Code? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Does section 206 of the California Constitution restrict the service of a juror resident in an outlying district to that district? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.