Can a holdout juror be improperly dismissed when they refuse to give evidence at voir dire?

California, United States of America


The following excerpt is from People v. Moreno, G055455 (Cal. App. 2019):

Viewing the record as a whole, it appears that is precisely what she did, and that is why the judge was justified in removing her from the jury. (Compare Sanders v. Lamarque, supra, 357 F.3d at p. 949 [holdout juror improperly dismissed where she "provided responsive and direct answers to the questions posed to her, . . . was forthcoming with information during voir dire, [and] there was no evidence that she intentionally or unintentionally concealed information"].)

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