PEOPLE v. ESTRADA

No. C047785.

46 Cal.Rptr.3d 111 (2006)

141 Cal.App.4th 408

The PEOPLE, Plaintiff and Respondent, v. Frank Rudolph ESTRADA, Defendant and Appellant.

Court of Appeal of California, Third District.

July 14, 2006.


Attorney(s) appearing for the Case

William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Senior Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent.


SCOTLAND, P.J.

This case poses the question whether it is proper, during voir dire of prospective jurors, for a trial court to inform them that jurors have no legal authority to engage in what is known as "jury nullification," and to solicit their assurances that, if chosen to serve as jurors, they will follow the law as stated to them by the court and not substitute their own views of what the law should be.

The answer is, "Yes." As we will explain, although...

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