EVANS v. SUPERIOR COURT

No. D041204.

2 Cal.Rptr.3d 538 (2003)

110 Cal.App.4th 1347

Amar Naim EVANS, Petitioner, v. The SUPERIOR COURT of San Diego County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

Rehearing Denied August 29, 2003.

Review Denied October 22, 2003.


Attorney(s) appearing for the Case

J.W. Carver for Petitioner.

No appearance for Respondent.

Paul J. Pfingst, District Attorney, Anthony Lovett and Kelly Rand, Deputy District Attorneys, for Real Party in Interest.


BENKE, Acting P.J.

Petitioner Amar Naim Evans was charged with multiple counts involving two robberies. During his trial the court became aware that a juror had failed to fully disclose her potential bias against the prosecution. After questioning the juror and determining that the juror could not fairly determine petitioner's guilt or innocence, the trial court dismissed the juror. Because both alternates had been excused, and because the parties were unwilling to...

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