Replacing a Juror Because of His Emotional State

Juror's emotional state threatens his or her ability to receive and consider the evidence or to deliberate case law: People v. Collins (1976) 17 Cal. 3d 687, 696, 131 Cal. Rptr. 782, 552 P.2d 742 (juror "stated several times that she could not decide the case on the evidence and the law since she was involved emotionally more than intellectually"); People v. Warren (1986) 176 Cal. App. 3d 324, 325-327, 221 Cal. Rptr. 768 (juror said she felt "intimidated" by other jurors, was likely to vote the way they wanted even though she "firmly" believed otherwise, and did not believe she could perform the duty not to be influenced by majority sentiment); People v. Van Houten (1980) 113 Cal. App. 3d 280, 285-288, 170 Cal. Rptr. 189 (juror was upset "both physically and emotionally" by evidence concerning grisly murders, to point where she felt she could not "continue as a juror"; she was "tending to tune out what the witnesses were saying" and court doubted her ability to deliberate); People v. Fudge (1994) 7 Cal. 4th 1075, 1098-1100, 875 P.2d 36 (good cause arose for excusing juror on her request when she stated that "anxiety" over job transition would affect her ability to deliberate); People v. Tinnin (1934) 136 Cal. App. 301, 319, 28 P.2d 951 (excusal was "manifestly proper" where, among other things, "the officers in charge of the jury testified that during court adjournments the juror was afflicted on several occasions with severe attacks of hysteria"); Perez v. Marshall (9th Cir. 1997) 119 F.3d 1422, 1425, 1428 (juror "appeared to be an emotional wreck" and expressed doubts about her willingness and ability to continue; trial court properly excused her and appointed alternate, although excused juror was lone holdout for acquittal); United States v. Ruggiero (2d Cir. 1991) 928 F.2d 1289, 1300 (juror "disabled by fear" after receiving what he thought was threat from defendant); United States v. Huntress (5th Cir. 1992) 956 F.2d 1309, 1312-13 (juror's mental condition deteriorated due to stress of jury service); United States v. O'Brien (5th Cir. 1990) 898 F.2d 983, 985 (juror suffered relapse of depression after one day of deliberations); United States v. Molinares Charris (1st Cir.1987) 822 F.2d 1213, 1222-23 (juror was "nervous and upset," had been crying during deliberations, and had taken tranquilizer).