Can a juror who has a claim against a defendant's mother for improper contact with the jury have such a claim forfeited?

California, United States of America


The following excerpt is from People v. Cry, C082987, C083380 (Cal. App. 2020):

However, such a claim may be forfeited. For example, in People v. Panah (2005) 35 Cal.4th 395 (Panah), "some supporters of [the] defendant were following or 'shadowing' the jurors during breaks in their deliberations, while others, including his mother, were clustering near the jury while it was assembling on breaks." (Id. at p. 480.) Based on this conduct, a juror told the bailiff "she felt intimidated by the presence of [the] defendant's supporters, particularly his mother" and another juror expressed "relief that the jury no longer had to assemble 'on the sixth floor,' presumably to avoid contact with [the] defendant's supporters." (Ibid.) The trial court discussed the problem with the parties and asked defense counsel whether he wanted the court to question the juror who

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