124 Cal.Rptr.2d 917 (2002)

102 Cal.App.4th 145

The PEOPLE, Plaintiff and Respondent, v. Roderick Terrell BARBER, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

Rehearing Denied October 16, 2002.

Attorney(s) appearing for the Case

Raymond L. Girard, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, and Michael W. Whitaker, Deputy Attorneys General, for Plaintiff and Respondent.


The jury is hopelessly deadlocked in a criminal trial. Here we conclude the trial court erred by asking questions of the jurors that revealed the identity of the lone holdout juror, by allowing the prosecution to examine the holdout juror, and by allowing testimony from only those jurors who claimed the holdout juror was not deliberating in good faith.

Roderick Terrell Barber appeals a judgment after conviction of first degree murder with findings...

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