A153480

The Court of Appeal concluded that the trial court abused its discretion in dismissing a juror. The trial court found the dismissed juror had prejudged the case based on other jurors expressing their own opinion that he had done so; however, the Court of Appeal found that the evidence showed the dismissed juror actually engaged in extensive discussions and debate with the other jurors, but continued to adhere to his own view of the evidence and application of the facts to the law. The Court further found that the juror did not rely on evidence outside the record because, while he initially commented on something he read before trial, he retracted that comment after other jurors challenged him, and the jury did not discuss the issue again.

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