Can a juror be excused from a jury under section 1089 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from People v. Pease, E067755 (Cal. App. 2018):

Section 1089 permits the court to discharge a juror at any time when the court finds the juror "unable to perform his or her duty." "[J]urors are required to follow the trial court's instructions." (People v. Williams (2001) 25 Cal.4th 441, 451.) Those who are unable or unwilling to follow the court's instructions are unable to perform their duty within the meaning of section 1089, and the court does not violate the defendant's constitutional right to a jury trial by excusing such jurors. (People v. Williams, supra, at pp. 448-449.)

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