Can a juror who made comments about a defendant's failure to testify in a civil case, be found to be prejudiced in their deliberations?
California, United States of America
The following excerpt is from People v. Ortiz, B243676 (Cal. App. 2014):
63 Cal.App.4th at p. 1322.) Further, had the comments been serious enough to presume prejudice, any such prejudice was rebutted by evidence that they were brief, isolated, and not discussed. (See People v. Loker (2008) 44 Cal.4th 691, 749 (Loker) [short discussion ensued but ceased when offending juror was reminded he could not consider defendant's failure to testify].)11
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