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Name: People v. Rubio
Case #: H028213
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/01/2006

The defendant was entitled to a new trial where a juror failed to disclose that she could not hear the testimony. During voir dire, the juror in question revealed her hearing difficulty, and the court instructed her to make the court aware if she had trouble hearing during the trial. The juror later admitted that she had not notified the court when she had failed to hear some of the testimony. This failure constituted misconduct and rendered her incompetent to serve as a juror, depriving the defendant of a fair trial under the Sixth Amendment.