California, United States of America
The following excerpt is from People v. Hayes, 21 Cal.4th 1211, 91 Cal.Rptr.2d 211, 989 P.2d 645 (Cal. 1999):
6. That appellant was satisfied that the jurors selected were not affected by the publicity is further indicated by appellant's exercise of only 13 of the 26 peremptory challenges allotted to the defense. (People v. Price (1991) 1 Cal.4th 324, 393, 3 Cal.Rptr.2d 106, 821 P.2d 610; People v. Daniels (1991) 52 Cal.3d 815, 853-854, 277 Cal.Rptr. 122, 802 P.2d 906.)
7. Appellant infers from the sequence of events involving Wynn that the prosecution was responsible for her refusal to execute an affidavit regarding jury misconduct. When a juror's unwillingness to do so is the result of impermissible interference by the prosecutor, an unsworn statement or a declaration reciting the hearsay statement of the juror may be sufficient to warrant a hearing at which the juror may be questioned. (See People v. Cox, supra, 53 Cal.3d at pp. 698-699, 280 Cal.Rptr. 692, 809 P.2d 351.) The record fails to establish such impermissible interference, however.
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