Is a defendant entitled to a peremptory challenge to excuse a prospective juror with a disability?
California, United States of America
The following excerpt is from People v. Christy, C085962 (Cal. App. 2020):
Finally, defendant claims we should reverse because the prosecutor used a peremptory challenge to excuse K.S., a prospective juror with a disability, in violation of state law. But defendant did not raise this issue in the trial court and thus appellate consideration of the issue is forfeited. (People v. Cunningham (2015) 61 Cal.4th 609, 662.)
"The most advanced legal research software ever built."
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.
Other Questions
Does a prosecutor have the authority to challenge a prospective juror with a peremptory challenge? (California, United States of America)
Does a prospective juror have to rely on a "prosecutor relied on to excuse" to excuse the prospective jury? (California, United States of America)
Is a defendant permitted to use a peremptory challenge against a prospective juror? (California, United States of America)
In what circumstances have peremptory challenges been exercised against prospective jurors for cause at the challenge stage of the jury selection process? (California, United States of America)
Is a defendant entitled to a life sentence based on a prospective juror's belief that life sentence is more severe than death? (California, United States of America)
When a prosecutor peremptorily challenges a prospective jury in a murder trial, does the prosecutor have to provide a list of prospective jurors that they were "opposed to the death penalty"? (California, United States of America)
When a prosecutor challenged nine prospective jurors for cause at a jury trial for the murder of a man who was found guilty of murder by reason of insanity, can they be excused for cause? (California, United States of America)
How have the courts treated peremptory challenges to exclude African-American prospective jurors? (California, United States of America)
How have the courts treated peremptory challenges to prospective jurors in a civil case? (California, United States of America)
How have the courts treated peremptory challenges against female prospective jurors? (California, United States of America)
