What is the extent of community prejudice against defendant in a civil case?

California, United States of America


The following excerpt is from People v. Vieira, 106 P.3d 990, 25 Cal.Rptr.3d 337, 35 Cal.4th 264 (Cal. 2005):

Defendant also claims that the extent of community prejudice may be gauged by

[25 Cal.Rptr.3d 349]

the comments and behavior of some of the excused jurors who had overheard or had discussed the case and been exposed to the view that defendant was guilty. Defendant further points to the fact that he exhausted all 20 of his peremptory challenges, whereas the failure to do so would lead to the inference that the defense is satisfied with the jury. (See People v. Dennis (1998) 17 Cal.4th 468, 524, 71 Cal. Rptr.2d 680, 950 P.2d 1035; People v. Daniels (1991) 52 Cal.3d 815, 853-854, 277 Cal.Rptr. 122, 802 P.2d 906.)

[25 Cal.Rptr.3d 349]

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