California, United States of America
The following excerpt is from People v. Vieira, 106 P.3d 990, 25 Cal.Rptr.3d 337, 35 Cal.4th 264 (Cal. 2005):
As we stated in People v. Jennings (1991) 53 Cal.3d 334, 360, 279 Cal.Rptr. 780, 807 P.2d 1009: "[W]e examine `the voir dire of prospective and actual jurors to determine whether pretrial publicity did in fact have a prejudicial effect.'" The lack of such voir dire in this case is therefore troubling, particularly in light of the fact that prospective jurors indicated in preliminary questionnaires that they had heard of the case. Given the totality of the circumstances, howeverthe sporadic nature of the pretrial publicity, the fact that the jurors professed to form no opinion, and the other factors discussed aboveit does not appear the trial court's failure to engage in this kind of voir dire led to an erroneous denial of the voir dire request.
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