Can a juror be removed from the jury during deliberations?

California, United States of America


The following excerpt is from People v. Griffin, A136110 (Cal. App. 2014):

"The trial court may discharge a juror for good cause at any time, including during deliberations, if the court finds that the juror is unable to perform his or her duty. ( 1089.) 'When a court is informed of allegations which, if proven true, would constitute good cause for a juror's removal, a hearing is required. [Citations.] [Citation.] If the trial court has good cause to doubt a juror's ability to perform his duties, the court's failure to conduct a hearing may constitute an abuse of discretion on review. [Citations.] 'Grounds for investigation or discharge of a juror may be established by his statements or conduct, including events which occur during jury deliberations and are reported by fellow panelists.' " (People v. Lomax (2010) 49 Cal.4th 530, 588.)

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