If a prospective juror heard something that may have impacted their ability to be impartial, can they be excused from the jury?

California, United States of America


The following excerpt is from People v. Rodriguez, B288312 (Cal. App. 2019):

If, however, defense counsel at trial was so convinced that these prospective jurors heardor perceivedsomething which may have impacted their ability to be impartial, he could have (or perhaps did) use his peremptory strikes to dismiss them. As it stands, trial counsel exercised only 9 out of 20 of his peremptory strikes and accepted the final trial jury as constituted. (People v. Perez (2018) 4 Cal.5th 421, 445 [failure to exhaust peremptory challenges or express dissatisfaction with final composition of jury, precludes appellate review of failure to excuse prospective juror[s].)11

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