What is the legal test for removing a juror from a trial where the juror has recently died?

California, United States of America


The following excerpt is from People v. Millwee, 18 Cal.4th 96, 74 Cal.Rptr.2d 418, 954 P.2d 990 (Cal. 1998):

19 The court cited section 1089, which states in part: "If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror requests a discharge and good cause appears therefor, the court may order him to be discharged and draw the name of an alternate...." (Italics added.) Under this provision, the court has broad discretion to investigate and remove a juror in the midst of trial where it finds that, for any reason, the juror is no longer able or qualified to serve. (People v. Ray (1996) 13 Cal.4th 313, 343-344, 52 Cal.Rptr.2d 296, 914 P.2d 846, and cases cited.)

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