What is the test for dismissing a prospective juror based on their equivocation and demeanor?

California, United States of America


The following excerpt is from People v. Perez, D073137 (Cal. App. 2019):

A trial court has broad discretion to assess juror qualifications. (People v. Weaver (2001) 26 Cal.4th 876, 910.) Trial courts "should sustain a challenge for cause when a juror's views would 'prevent or substantially impair' the performance of the juror's duties in accordance with the court's instructions and the juror's oath. [Citations.] On appeal,

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we will uphold a trial court's ruling on a challenge for cause by either party 'if it is fairly supported by the record, accepting as binding the trial court's determination as to the prospective juror's true state of mind when the prospective juror has made statements that are conflicting or ambiguous.' " (People v. McDermott (2002) 28 Cal.4th 946, 981-982.) "We defer to trial courts when they dismiss potential jurors based on their equivocation and demeanor" because that court had the opportunity to assess the individual. (People v. Spencer (2018) 5 Cal.5th 642, 662.)

B. The Voir Dire Process

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