What is the test for discharge of a juror under section 1089 of the California Juror Code?

California, United States of America


The following excerpt is from People v. Hajek, S049626 (Cal. 2014):

"Section 1089 provides for the discharge of a juror 'before or after the final submission of the case to the jury' for 'good cause' shown. In reviewing a trial court's decision either to retain or discharge a juror, we use the deferential 'abuse of discretion' standard. [Citations.] And we will uphold the decision unless it ' "falls outside the bounds of reason." ' " (People v. Earp (1999) 20 Cal.4th 826, 892; see People v. Hart (1999) 20 Cal.4th 546, 596-597 [finding no abuse of discretion where court declined to excuse a juror for financial hardship].)

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