What is the test for dismissing a juror?

California, United States of America


The following excerpt is from People v. Figge, D066962 (Cal. App. 2015):

A trial court may dismiss a juror if it finds the juror is unable to perform his or her duties, including the duty to deliberate. (People v. Cleveland (2001) 25 Cal.4th 466, 474, 485.) "A refusal to deliberate consists of a juror's unwillingness to engage in the deliberative process; that is, he or she will not participate in discussions with fellow jurors by listening to their views and by expressing his or her own views. Examples of refusal to deliberate include, but are not limited to, expressing a fixed conclusion at the beginning of

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