What is the test for determining whether a defendant received a fair trial before a jury?

California, United States of America


The following excerpt is from People v. Rountree, S048543 (Cal. 2013):

"Here, our independent review of the record shows that the selection process resulted in a panel of jurors untainted by the publicity surrounding this case, and we see no evidence that any of them held biases that the selection process failed to detect." (People v. Famalaro, supra, 52 Cal.4th at p. 31.) "Considering all the circumstances, defendant has not established a reasonable likelihood, as opposed to a mere possibility, that he did not in fact receive a fair trial before impartial jurors." (People v. Lewis, supra, 43 Cal.4th at p. 450.) Stated slightly differently, we are confident the guilt and penalty verdicts were due to the evidence presented at trial and not to a biased jury or the failure to change venue.

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