What is the test for excusing a seated juror from a jury?
California, United States of America
The following excerpt is from People v. Cristobal, C072061 (Cal. App. 2015):
nondisclosure) evidences bias." (Id. at pp. 889-890, italics omitted.) "Before an appellate court will find error in failing to excuse a seated juror, the juror's inability to perform a juror's functions must be shown by the record to be a 'demonstrable reality.' " (People v. Holt (1997) 15 Cal.4th 619, 659.) We independently review whether prejudice arose from juror misconduct. (People v. Nesler (1997) 16 Cal.4th 561, 582.)
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