What is the test for dismissing a juror who is ill?
California, United States of America
The following excerpt is from People v. Duff, S105097 (Cal. 2014):
Trial courts may remove any juror who "becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty . . . ." ( 1089.) A trial court learning of grounds for dismissal "has an affirmative obligation to investigate." (People v. Bonilla, supra, 41 Cal.4th at p. 350.) However, "[b]oth the scope of any investigation and the ultimate decision whether to discharge a given juror are committed to the sound discretion of the trial court."
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