Replacing a Juror Who Conceals or Misstates Facts
Replacing a juror who conceals or misstates facts in response to voir dire or other questioning case law:
In re Hitchings (1993) 6 Cal. 4th 97, 111, 860 P.2d 466 ("A juror who conceals relevant facts or gives false answers during the voir dire examination thus undermines the jury selection process and commits misconduct");
People v. Johnson (1993) 6 Cal. 4th 1, 22, 859 P.2d 673 (untruthful or incomplete responses in jury questionnaire concerning prior convictions supported discharge);
People v. Green (1995) 31 Cal. App. 4th 1001, 1012 (juror properly excused where she falsely denied statements suggesting contact with defendant's family; denials prevented ascertainment of extent of contacts, but court "was entitled to infer from her untruthfulness that [she] had in fact lost her impartiality and, hence, was unable to perform her duty as a juror.");
People v. Diaz (1984) 152 Cal. App. 3d 926, 936, 200 Cal. Rptr. 77 (error not to discharge juror who concealed during voir dire that she had been victim of crime of same general type charged); compare People v. McPeters (1992) 2 Cal. 4th 1148, 1175, 832 P.2d 146 (distinguishing effect of intentional and unintentional concealment as evidence of bias);
People v. Green, supra, 31 Cal. App. 4th 1001, 1021-1022 (new trial not compelled by juror's concealment of felony record; although timely disclosure of truth would have required disqualification, trial court seemed to find nondisclosure unintentional and expressly found juror lacked actual bias).