Can a defendant argue that the failure to dismiss jurors from a jury during the sentencing phase of a trial has violated his right to a reliable verdict under the Eighth Amendment?

California, United States of America


The following excerpt is from People v. Foster, 117 Cal.Rptr.3d 658, 242 P.3d 105, 50 Cal.4th 1301 (Cal. 2010):

18 As in Lewis, supra, 46 Cal.4th 1255, 96 Cal.Rptr.3d 512, 210 P.3d 1119, "[d]efendant cites no authority requiring different or additional analysis in connection with his contention that the failure to dismiss [these jurors] violated his right to a reliable verdict under the Eighth Amendment. (See People v. Williams (1997) 16 Cal.4th 635, 666 [66 Cal.Rptr.2d 573, 941 P.2d 752] ['the due process clause of the Fourteenth Amendment ... requires the sentencing jury to be impartial to the same extent that the Sixth Amendment requires jury impartiality at the guilt phase of the trial.'].)" ( Lewis, supra, 46 Cal.4th at p. 1309, fn. 39, 96 Cal.Rptr.3d 512, 210 P.3d 1119.)

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