California, United States of America
The following excerpt is from People v. Hernandez, B241787 (Cal. App. 2013):
Penal Code section 1089 provides for a juror to be discharged, and replaced by an alternate, if "upon [] good cause shown to the court [the juror] is found to be unable to perform his or her duty." A juror who indicates that he cannot follow the court's instructions is unable to perform his duties, and may be removed; the decision of the trial court in this regard is reviewed for an abuse of discretion. (People v. Williams (2001) 25 Cal.4th 441, 448.) "Before an appellate court will find error in failing to excuse a seated juror, the juror's inability to perform a juror's functions must be shown by the record to be a 'demonstrable reality.' The court will not presume bias, and will uphold the trial
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