California, United States of America
The following excerpt is from People v. Bittaker, 259 Cal.Rptr. 630, 48 Cal.3d 1046, 774 P.2d 659 (Cal. 1989):
First, the judge cannot reserve voir dire for himself and exclude counsel. 21 As we stated in People v. Hughes (1961) 57 Cal.2d 89, 94-95, 17 Cal.Rptr. [48 Cal.3d 1084] 617, 367 P.2d 33: "[C]ounsel for a defendant in a capital case has the right to question the prospective jurors on voir dire for the purpose of ascertaining whether any would vote to impose the death penalty without regard to the evidence in the event of a conviction.... In order to intelligently exercise the right to challenge for cause defendant's counsel must be accorded reasonable opportunity to lay a foundation for the challenge by questioning the prospective jurors on voir dire to learn whether any entertain a fixed opinion of this nature." 22
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