If a juror makes a derogatory remark about defense counsel at trial, is that prejudiced expression cured by instructing the jury to disregard any unpleasant evidence that might be presented?

California, United States of America


The following excerpt is from People v. Rouse, A140253 (Cal. App. 2017):

any unpleasant evidence that might be presented. (See, e.g., People v. Kaurish (1990) 52 Cal.3d 648, 694 [juror's derogatory remark about defense counsel did not require a hearing absent evidence it reflected bias, as opposed to impatience with proceedings].) Even if the facial expressionwhich, apparently, was fleeting, as there is no suggestion the same or any other juror later displayed a similar expression during trialreflected actual bias tied to viewing defendant in custody while proceeding to the courtroom, we presume it was cured by the court's instruction immediately afterward that defendant's custodial status was not evidence and should be disregarded. (See, e.g., Osband, supra, 13 Cal.4th at p. 676 [Any prejudice that may have arisen when jurors overheard police officers discussing material in their police reports in the courthouse hallway was cured when the court immediately admonished jurors to disregard anything not heard on the witness stand].)16

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