What is the test for determining whether a prospective juror is in a state of distress at voir dire?

California, United States of America


The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):

" "On appeal, we will uphold the trial courts ruling if it is fairly supported by the record, accepting as binding the trial courts determination as to the prospective jurors true state of mind when the prospective juror has made statements that are conflicting or ambiguous." [Citation.] "In many cases, a prospective jurors responses to questions on voir dire will be halting, equivocal, or even conflicting. Given the jurors probable unfamiliarity with the complexity of the law, coupled with the stress and anxiety of being a prospective juror in a capital case, such equivocation should be expected. Under such circumstances, we defer to the trial courts evaluation of a prospective jurors state of mind, and such evaluation is binding on appellate courts." " ( People v. Souza (2012) 54 Cal.4th 90, 122-123, 141 Cal.Rptr.3d 419, 277 P.3d 118.)

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