Does a hearing on juror disqualification need to be held?
California, United States of America
The following excerpt is from People v. McAdory, H040483 (Cal. App. 2015):
Whether a hearing on juror disqualification is required depends on whether " ' "the court possesses information which, if proven to be true, would constitute 'good cause' to doubt a juror's ability to perform his duties and would justify his removal from the case. [Citation.]" [Citation.]' [Citations.]" (People v. Fuiava (2012) 53 Cal.4th 622, 702.)
"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
Is there any case law where a replacement juror has been found to have made a mistake by replacing a juror with a substitute juror? (California, United States of America)
Can a juror be excused from a trial where the juror's answer to a question was so equiviable that the jury was unable to hear it? (California, United States of America)
Can a preliminary hearing be held on the basis that the prosecution attorney did not raise any relevant issues at the preliminary hearing? (California, United States of America)
Can a finding of inability to perform the duties of a juror be based on the juror taking a position contrary to that of the other juror? (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)
What is the test for denying a motion to amend a juror's notice of motion without meeting with the juror? (California, United States of America)
Can a prospective juror's views about the death penalty "prevent or substantially impair" his duties as a juror? (California, United States of America)
Would a juror be able to participate in jury duties if the juror's vision was impaired? (California, United States of America)
Is a defendant entitled to an evidentiary hearing to resolve factual disputes raised by a claim of juror misconduct? (California, United States of America)
If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
