How have courts dealt with a motion by a defendant seeking to reopen jury selection following the swearing in and swearing in of alternate jurors?

California, United States of America


The following excerpt is from People v. Griffin, 15 Cal.Rptr.3d 743, 33 Cal.4th 536, 93 P.3d 344 (Cal. 2004):

Next, in Armendariz, we considered a claim by the defendant that, following the trial court's discharge of two regular jurors prior to the selection and swearing in of the alternate jurors, the trial court erred by denying the defendant's motion to completely reopen jury selection to allow him to exercise his remaining peremptory challenges against the remaining regular jurors already sworn. Applying the abuse-of-discretion standard (People v. Armendariz, supra, 37 Cal.3d at p. 581, 209 Cal.Rptr. 664, 693 P.2d 243), we found that the trial court in that case was unaware of its authority to reopen jury selection, and that had it been aware of that authority, it could not reasonably have denied the defendant's motion (id. at pp. 581-583, 209 Cal.Rptr. 664, 693 P.2d 243). On that ground, we reversed the judgment rendered against the defendant and remanded the matter for a new trial.

Other Questions


How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that a defendant has failed to file a supplemental brief to the Court on appeal? (California, United States of America)
How have the courts dealt with a motion seeking to reverse a judgment against defendants? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How have the courts dealt with a motion of appeal against a judgment that found that defendant failed to provide a supplemental brief to the Court on appeal? (California, United States of America)
How have appellate courts dealt with a request for judicial notice of a motion seeking attorney fees and costs against Respondent to Respondent's request for an anti-SLAPP motion? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
What is the legal test for approval of a motion by the California Supreme Court on a motion to approve a motion for approval by the Court of Appeal? (California, United States of America)
Is Respondent to a Motion for a Separation of Jurors waived his right to move for a new trial when he became aware that an alternate juror had been in the jury room? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.