What is the test for voir dire questioning in a criminal case where a defendant is represented by a public defender?

California, United States of America


The following excerpt is from People v. Beltran, B302561 (Cal. App. 2020):

"[A]s a general matter, it is unlikely that errors or misconduct occurring during voir dire questioning will unduly influence the jury's verdict in the case. Any such errors or misconduct 'prior to the presentation of argument or evidence, obviously reach the jury panel at a much less critical phase of the proceedings, before its attention has even begun to focus upon the penalty issue confronting it.' " (People v. Medina (1995) 11 Cal.4th 694, 741.) Appellant has not cited, and we are not aware of, any cases finding prejudice from the disclosure that a defendant was represented by a public defender.

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