Can a prospective juror who indicated he was a reserve police officer at the time of trial be excluded from jury duty?
California, United States of America
The following excerpt is from People v. Toledo, B251833 (Cal. App. 2016):
Further, although a serving peace officer must be excluded from jury duty (Code Civ. Proc., 219), a reserve officer need be excluded only if he or she had the powers of a peace officer at the time of trial (People v. Ledesma (2006) 39 Cal.4th 641, 676). The record here is silent as to whether the prospective juror who indicated he was a reserve police officer had the powers of a peace officer at the time of trial.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If renaming a police officer in the name of a police community support officer is a good cause for concern, and if so, what effect will the name have on the police community? (California, United States of America)
Is it error for the trial court to exclude prospective jurors who indicated upon voir dire that they were opposed to the death penalty? (California, United States of America)
Can a defendant who shot an off-duty police officer in the head with a single shot, get out of his car, get into his car and shoot the officer as the officer is approaching? (California, United States of America)
Does a complaint to the police department asserting misconduct by a police officer constitute a crime prescribed under California Penal Code section 148.5 of reporting to police officer that a felony or misdemeanor has been committed? (California, United States of America)
Can a defendant who claims self-defense to a charge of battery upon a police officer, who is also charged with battery upon the officer, obtain materials from the police department concerning the propensity for violence against the officer? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a prospective juror who indicated they would never vote for the death penalty be excluded from the jury? (California, United States of America)
Can a police officer sue an officer from another police force for personal injury? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
