Can a jury member be discharged for failing to agree with the majority of the deliberating jurors?

MultiRegion, United States of America

The following excerpt is from Gray v. Muniz, No. 2:16-cv-1577 JAM KJN P (E.D. Cal. 2020):

A deliberating juror should not be discharged for failing to agree with the majority of other deliberating jurors. People v. Armstrong, 1 Cal.5th 432, 452 (2016); People v. Salinas-Jacobo, 33 Cal.5th at 777. On this record, the jury foreperson's comments could be reasonably understood to be that the juror in question did not '"deliberate well or uses faulty logic or analysis,'" which is an invalid reason for discharging a participating juror. Armstrong, 1 Cal.5th at 452, citing Cleveland, 25 Cal.4th at 485.

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