Can a holdout juror be dismissed for disagreeing with the other jurors?

California, United States of America


The following excerpt is from People v. Metters, 61 Cal.App.4th 1489, 72 Cal.Rptr.2d 294 (Cal. App. 1998):

We do not agree that restrictions on the discretion of the trial court are necessary to prevent a holdout juror from being dismissed for disagreeing with the other jurors regarding the merits of the case. We are confident in the ability of our trial courts to analyze requests for dismissal involving holdout [61 Cal.App.4th 1526] jurors in a neutral manner without regard to whether dismissal would hasten a verdict or avoid a mistrial. The trial court is in the best position to observe the appearance and demeanor of the jurors in order to conclude whether a request for dismissal is legitimately based on good cause. (People v. Beeler (1995) 9 Cal.4th 953, 989, 39 Cal.Rptr.2d 607, 891 P.2d 153.)

Other Questions


What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
Is a juror entitled to an excuse prior to dismissing the juror? (California, United States of America)
Can a holdout juror be improperly dismissed when they refuse to give evidence at voir dire? (California, United States of America)
Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror? (California, United States of America)
Does good cause for dismissal after a juror's request to be dismissed require a hearing? (California, United States of America)
Can a finding of inability to perform the duties of a juror be based on the juror taking a position contrary to that of the other juror? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
Can a holdout juror be substituted for an alternate juror? (California, United States of America)
What is the test for dismissing a juror who is ill? (California, United States of America)
What are some cases where we have dismissed or dismissed as untimely appeals from an order of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.