What is the standard of appellate review when a juror is excused for good cause?

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.

Other Questions


After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
Does section 1123 of the Penal Code allow for a mistrial where a juror's illness or other good cause causes the juror to be unable to perform his duty and there are no alternate jurors? (California, United States of America)
In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard for appellate review of a claim of juror misconduct? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
What is the standard of review for appellate review of a trial court ruling on the admissibility of evidence? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
What is the standard for excusing prospective jurors from a jury? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.