What is the test for dismissing a prospective juror who makes "inflammatory remarks" to a prospective jury?

California, United States of America


The following excerpt is from People v. Mora, H036371 (Cal. App. 2012):

"[T]he trial court possesses broad discretion to determine whether or not possible bias or prejudice against the defendant has contaminated the entire venire to such an extreme that its discharge is required." (People v. Medina (1990) 51 Cal.3d 870, 889.) When "a few prospective jurors have made inflammatory remarks[, u]nquestionably, further investigation and more probing voir dire examination may be called for . . . , but discharging the entire venire is a remedy that should be reserved for the most serious occasions of demonstrated bias or prejudice, where interrogation and removal of the offending venirepersons would be insufficient protection for the defendant." (Ibid.)

"It is within the trial court's discretion to determine that a prospective juror's statement was not prejudicial and thereby deny a defendant's motion to dismiss the jury panel. [Citations.]" (People v. Nguyen (1994) 23 Cal.App.4th 32, 41.) "The conclusion

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