Can a jury substitute a juror for a partial verdict after deliberations have begun?

California, United States of America


The following excerpt is from People v. Bryant, 178 Cal.Rptr.3d 185, 334 P.3d 573, 60 Cal.4th 335 (Cal. 2014):

Section 1089 explicitly permits the substitution of jurors after deliberations have begun: the substitution can be made any time, whether before or after the final submission of the case to the jury. Long ago in People v. Rigney (1961) 55 Cal.2d 236, 10 Cal.Rptr. 625, 359 P.2d 23, we approved the taking of partial verdicts in the general sense. There is no reason why the court should not have the jury's verdicts on each count returned separately. ( Id. at p. 246, 10 Cal.Rptr. 625, 359 P.2d 23.) We have not directly resolved whether a court may accept partial verdicts, then excuse an original juror for good cause and permit a reconstituted jury to continue deliberations.63

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