When will a prosecutor be able to remove a prospective juror from a criminal case because he or she voted to acquit in a previous case?

We make an observation here that applies throughout: The prosecution's challenge need not be based on a grounds that we approve of. Some may find it objectionable or even offensive for a prosecutor to remove a person because he or she voted to acquit in a previous case; such a reason may not pass muster on a challenge for cause. However, a peremptory challenge may be based on an idiosyncratic or arbitrary reason, and even on a hunch. (People v. Turner, supra, 8 Cal.4th at p. 165, 32 Cal.Rptr.2d 762, 878 P.2d 521.) The question is whether the challenge was based on group bias, such as on race or ethnicity, and therefore violated the equal protection clauses of the federal and state Constitutions. If there was no group bias, the peremptory challenge will stand.

(2) Prospective Juror No. 7361