What is the effect of defense counsel's failure to express dissatisfaction with the jury selection?

California, United States of America


The following excerpt is from People v. Weaver, 111 Cal.Rptr.2d 2, 26 Cal.4th 876, 29 P.3d 103 (Cal. 2001):

Defense counsel failed, however, to express on the record his dissatisfaction with the jury. Defendant concedes as much. Accordingly, the issue was not preserved for appeal, as it is possible that counsel, despite initial misgivings, was ultimately satisfied with the overall composition of the jury. Also possible is that, had counsel expressed dissatisfaction, the trial court would have allowed him to exercise additional peremptory challenges. (See People v. Bittaker (1989) 48 Cal.3d 1046, 1087, 259 Cal.Rptr. 630, 774 P.2d 659.)

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