California, United States of America
The following excerpt is from People v. Nieves, 11 Cal.5th 404, 278 Cal.Rptr.3d 40, 485 P.3d 457 (Cal. 2021):
A trial court's ruling on a prospective juror's death qualification " may be upheld even in the absence of clear statements from the juror that he or she is impaired because "many veniremen simply cannot be asked enough questions to reach the point where their bias has been made unmistakably clear. " " ( People v. Wilson , supra , 44 Cal.4th at p. 779, 80 Cal.Rptr.3d 211, 187 P.3d 1041.) " " On review, if the juror's statements are equivocal or conflicting, the trial court's determination of the juror's state of mind is binding. " " ( People v. Winbush (2017) 2 Cal.5th 402, 429, 213 Cal.Rptr.3d 1, 387 P.3d 1187 ; see id. at pp. 427428, 213 Cal.Rptr.3d 1, 387 P.3d 1187.) The trial court did not limit defense questioning of Prospective Juror No. 8318, who indicated that she would have difficulty imposing the death penalty. The trial court also allowed defense questioning of Prospective Juror No. 3801, who was not sure she
[278 Cal.Rptr.3d 71]
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.