DEATH PENALTY REVERSED WHEN JUROR WAS WRONGFULLY KICKED OFF JURY
In this California death penalty case, the California Supreme Court affirm the guilty verdict in this death appeal, but did reverse the penalty verdict.
The trial judge kicked off the holdout juror, the only African-American on the jury. Under Cleveland (25 Cal.4th 466), a juror can be excused only on a showing of a demonstrable reality that the juror was refusing to deliberate or prejudged the case or
wouldn't follow the instructions.
The claims relied on by the judge here fell far short of the required showing. They also reaffirm the rule (see, Tealer, 48 Cal.App.3d 598) that a defendant can testify to only one aspect of a case and can't then be cross-examined on another. In this case, the defendant wanted to testify about the Evidence Code 1108 prior rape claim but not be crossed on the pending murder.
People v. Wilson; 2008 DJ DAR 11507; DJ, 7/29/08; Cal. Supremes
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