How have the courts treated peremptory challenges to prospective jurors in a civil case?

Our review of the record discloses no error. We need not consider the matter in detail, however, for defendant has failed to show prejudice even assuming the court erred as to all six challenged jurors. None actually sat on defendant's jury. One eventually was excused for cause for an unrelated reason, one was never called into the jury box during the general voir dire, and the other four were excused peremptorily by the defense. Furthermore, when the jury was accepted and sworn, the defense had exercised only 18 of 30 peremptory challenges. ²² Defendant did not express dissatisfaction with the jury as selected. Any erroneous inclusion of prospective jurors was therefore harmless. (Ross v. Oklahoma (1988) 487 U.S. 81, 87-89, 108 S.Ct. 2273, 2277-79, 101 L.Ed.2d 80; People

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[3 Cal.4th 156] B. UNCHARGED MISCONDUCT BY DEFENDANT