California, United States of America
The following excerpt is from People v. Salazar, D066882 (Cal. App. 2015):
" 'A juror who refuses to follow the court's instructions is "unable to perform his duty" within the meaning of Penal Code section 1089.' " (People v. Wilson, supra, 43 Cal.4th at p. 25.) This includes instructions that "each juror render a verdict 'according to the evidence presented and the instructions of the court' " (ibid.) or that each juror " 'will consider all of the evidence, follow the law, exercise your discretion conscientiously, and reach a just verdict.' 'A juror who actually refuses to deliberate is subject to discharge by the court [citation] . . . .' [Citations.] 'A refusal to deliberate consists of a juror's
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