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Name: People v. Harrison
Case #: A132658
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 02/26/2013

During trial deliberations, the trial court can remove a juror where it is established that he is unable to follow the law (Pen. Code, § 1089). Appellant was charged with violent offenses, including robbery and sex crimes. Following the presentation of evidence, the jury commenced deliberations and over the next few days, Juror Number 9 submitted questions to the court indicating that he was unable to focus on relevant principles of law, follow instructions, or refrain from considering issues with no relevancy to the case. The foreperson communicated his concerns as to Number 9’s inability and the court attempted to make accommodations for Number 9, such as setting aside separate time for him to review his notes and the jury instructions. Ultimately, the court excused him and replaced him with an alternate. Affirmed. The trial court can discharge a juror for good cause, including during deliberations, when it finds that the juror is unable to perform his duty. Here, the record adequately supported the court’s conclusion that Juror Number 9 was not following the law, so as to justify his replacement.