What is the test for a limitation on attorney questioning of prospective jurors at voir dire?

California, United States of America


The following excerpt is from People v. Vela, B279287 (Cal. App. 2018):

On the merits, the law at the time of trial provided that trial courts in criminal cases had the discretion to set "maximum" "time" limits for attorney questioning of prospective jurors.2 (Former Code. Civ. Proc., 223 ["In a criminal case, . . . the court may specify the maximum amount of time that counsel for each party may question an individual juror, or may specify an aggregate amount of time for each party . . . ."]; Cal. Rules of Court, rule 4.201 [requiring court to "permit counsel to conduct supplemental questioning as provided in Code of Civil Procedure section 223"]; see generally People v. Edwards (1991) 54 Cal.3d 787, 830 [voir dire rulings reviewed for an abuse of discretion].) The law further provided that any abuse of discretion in setting those time limits "shall not cause any conviction to be reversed unless the exercise of that discretion has resulted in a miscarriage of justice." (Former Code Civ. Proc., 223.) In this context, a limitation on voir dire results in a miscarriage of

Page 11

Other Questions


Can a juror be found guilty of contempt of court for questioning prospective jurors on the subject of racial prejudice? (California, United States of America)
Is a prospective juror allowed to ask prospective jurors about mitigation or aggravation in a death penalty case? (California, United States of America)
Is a limitation on counsel's general voir dire limited preventing the defense from eliciting juror bias? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What is the difference between the responses of prospective juror No. 1 and Prospective Juror 12? (California, United States of America)
Is a defendant's claim that the voir dire of prospective jurors "unfairly limited the amount of information that defense counsel received"? (California, United States of America)
Can a limitation on voir dire apply to prospective jurors who did not sit on defendant's jury? (California, United States of America)
What is the difference between a prospective juror and prospective jury in a death penalty case? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a juror be excused from a trial where the juror's answer to a question was so equiviable that the jury was unable to hear it? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.