Replacing a Juror Who Fails to Comply With Duties
Replacing a Juror who fails to comply with other duties imposed on jurors case law:
In re Hitchings, supra, 6 Cal. 4th 97, 118 (conviction vacated based in part on juror's discussing case prior to submission in violation of instructions and duty under Pen. Code, 1122);
People v. Pierce (1979) 24 Cal. 3d 199, 207, 155 Cal. Rptr. 657, 595 P.2d 91 (conviction reversed where juror discussed case with neighbor);
People v. Daniels (1991) 52 Cal. 3d 815, 863-864, 277 Cal. Rptr. 122, 802 P.2d 906 (juror expressed opinion on guilt prior to deliberations, was overheard discussing case, and read a newspaper article about case during trial; "a court may exercise its discretion to remove a juror for serious and wilful misconduct, such as that shown by Juror Francis's repeated violation of the court's instructions, even if this misconduct is 'neutral' as between the parties and does not suggest bias toward either side");
People v. Holloway (1990) 50 Cal. 3d 1098, 1106, 1108, 269 Cal. Rptr. 530, 790 P.2d 1327, overruled on another ground in People v. Stansbury (1995) 9 Cal. 4th 824, 830, fn. 1, 889 P.2d 588 (juror read newspaper article in violation of instructions);
People v. Thomas, supra, 26 Cal. App. 4th 1328, 1333 (juror took notes home in socks "despite the trial court's warning not to do so").