When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn?

California, United States of America

The following excerpt is from People v. Silveria, 10 Cal.5th 195, 267 Cal.Rptr.3d 303, 471 P.3d 412 (Cal. 2020):

¹¹ We have held that the trial court lacks discretion to reopen jury selection after the jury has been sworn. (People v. Cottle (2006) 39 Cal.4th 246, 249, 46 Cal.Rptr.3d 86, 138 P.3d 230.) No challenge is raised on appeal to this procedure. Rather Travis simply challenges the seating of Alternate Juror No. 1 for a discharged juror, a procedure that was consistent with that described by Penal Code section 1089 and Code of Civil Procedure sections 233 and 234.

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When a jury has been sworn in, can the trial court reopen jury selection after the jury has already been sworn?

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