California, United States of America
The following excerpt is from People v. Pervoe, 161 Cal.App.3d 342, 207 Cal.Rptr. 622 (Cal. App. 1984):
9 A recent opinion issued by an appellate court in the Fourth District questions whether the appropriate standard of appellate review when a juror is excused for good cause should be an " 'independent appellate issue ... based upon the whole record' " and not merely a substantial evidence analysis. (See People v. Diaz (1984) 152 Cal.App.3d 926, 933-934, 200 Cal.Rptr. 77.) We need not address this question as it pertains to the excusal of a juror for illness because, under either standard, the trial court's action in the present case was clearly without error.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.