What is the test for retaining a juror who has been found guilty of bias, incompetence or misconduct?
California, United States of America
The following excerpt is from People v. Bringazi, A141541 (Cal. App. 2016):
A trial court has discretion to decide whether to investigate any alleged juror bias or misconduct. " ' "The decision whether to investigate the possibility of juror bias, incompetence, or misconductlike the ultimate decision to retain or discharge a jurorrests within the sound discretion of the trial court." ' " (People v. Bradford (1997) 15 Cal.4th 1229, 1348.)
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